http://www.legislation.gov.uk/uksi/2014/2043The Electricity Capacity Regulations 2014texttext/xmlenStatute Law DatabaseELECTRICITY2025-08-06Expert Participation2025-07-23 These Regulations make provision for the purpose of enabling consumers' demands for electricity in Great Britain to be met. They do so through capacity agreements, instruments which confer rights and impose obligations on those awarded an agreement. These rights and obligations consist principally of the right to receive capacity payments from the Settlement Body for generating (or reducing demand for) electricity at times of system stress, and the liability to make a penalty payment where the capacity agreement is breached. The Regulations also impose obligations on persons who supply electricity in Great Britain pursuant to an electricity supply licence (granted by the Gas and Electricity Markets Authority (“the Authority”) under section 6 of the Electricity Act 1989 ). Those obligations consist principally of requirements to make payments to the settlement body. The Electricity Capacity Regulations 2014 2014 No. 2043Made31st July 2014Coming into force in accordance with regulation 1In accordance with section 40(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.Accordingly, the Secretary of State, in exercise of the powers conferred by sections 27 to 33, 34(3) to (6), 36, 38(a), 40(1) and 63 of the Energy Act 2013, makes the following Regulations:PART 111These Regulations may be cited as the Electricity Capacity Regulations 2014.2These Regulations, apart from Part 11 (capacity market rules) and regulation 88 (repeal), come into force on the day after the day on which they are made.3Part 11 comes into force on the day after the day on which the results of the first capacity auction held under Part 4 ... are published under regulation 25(1)(c).4Regulation 88 comes into force on 1st January 2015.21In these Regulations—“the Act” means the Energy Act 2013;“EA 1989” means the Electricity Act 1989 ;“the Rules” means the Capacity Market Rules 2014 ; “the Supplier Payment Regulations” means the Electricity Capacity (Supplier Payment etc.) Regulations 2014; “active energy” and “active power” have the meanings given in the Rules;“administrative parties” means—the Secretary of State;the Authority;the Delivery Body; andthe Settlement Body;“affected person” is to be interpreted in accordance with regulation 68(2);“annual penalty cap”, in relation to a capacity committed CMU and a delivery year, means the maximum amount of capacity provider penalty charges that the capacity provider may be liable to pay in respect of that CMU for that delivery year;“applicant” means a person who, in accordance with capacity market rules, has submitted or is entitled to submit an application for prequalification to bid in a capacity auction in respect of a CMU;“auction clearing price” means, in relation to a capacity auction, the price per MW which, subject to—sub-paragraphs (b) and (c) of regulation 30(4); andany provision for adjustment of capacity payments for inflation,is determined by the capacity auction to be the price at which capacity payments are payable in respect of capacity committed CMUs awarded a capacity obligation in that capacity auction;“auctioneer” has the meaning given in regulation 24(2);“auction guidelines” has the meaning given in regulation 21;“auction parameters” has the meaning given in regulation 11;“auction window” means a period in which a capacity auction is to be held, being ... a period starting on 1st September and ending on the following 31st July;“auxiliary load” means, in relation to a generating CMU or a generating unit, the total amount of electricity used by that unit for purposes directly related to its operation (including for fuel handling, fuel preparation, maintenance and the pumping of water), whether or not that electricity is generated by the unit or used while the unit is generating electricity;“the Balancing and Settlement Code” means the code for governance of electricity balancing and settlement in Great Britain which is maintained in accordance with the conditions of licences granted under section 6(1) of the Electricity Act 1989 ;“base period” means a period starting on 1st October and ending on the following 30th April, to be used in calculating capacity payments for the purpose of adjusting for inflation the capacity cleared price applying to a capacity committed CMU, where paragraph 3 of Schedule 1 provides for such an adjustment to be made;“bidder” means a person bidding in a capacity auction for a capacity obligation in respect of a CMU;“bidding round” means a round of bidding in a capacity auction;“capacity” means an amount of electrical generating capacity , interconnected capacity or DSR capacity, expressed in MW unless specified otherwise;“capacity agreement” has the meaning given in regulation 30(1);“capacity agreement notice” means a notice issued by the Delivery Body to a capacity provider under capacity market rules, containing data about a capacity agreement;“capacity auction” means an auction under Part 4;“capacity cleared price” has the meaning given in regulation 30(3) and (4);“capacity committed CMU”, in relation to a delivery year, means a CMU that is identified in the capacity market register as being subject to a capacity obligation for that delivery year;“the capacity market” means the scheme established by these Regulations and capacity market rules; “capacity market notice” has the meaning given in the Rules; “capacity market register” means the register maintained by the Delivery Body in accordance with regulation 31;...“capacity obligation” means an obligation awarded pursuant to a capacity auction, applying for one or more delivery years, to provide a determined amount of capacity when required to do so in accordance with capacity market rules (and, unless the context otherwise requires, includes a part of a capacity obligation);“capacity payment” means a payment to a capacity provider under these Regulations for its commitment to meet a capacity obligation during a delivery year; “capacity provider” means the holder of—a capacity agreement, ora transferred part; “capacity provider penalty charge” means an amount payable by a capacity provider under regulation 41;“capacity year” means a period of one year starting on 1st October and ending on the following 30th September; “CCS CFD” has the meaning given in regulation 34A(4); “CCS CFD transfer notice” has the meaning given in regulation 34A(4); “CCS CFD transfer refusal notice” has the meaning given in the Rules; “a CFD” means a contract for difference under Chapter 2 of Part 2 of the Act or an investment contract under Schedule 2 to the Act;“CFD counterparty” means a person designated as such under section 7 of the Act;“CMU” means—a generating CMU; ...a demand side response CMU; or an interconnector CMU; “commissioned”, in relation to a generating unit, means that—such procedures and tests have been completed as constitute, at the time they are undertaken, industry standards and practices for commissioning a generating unit of that type such that it is capable of operation at its connection capacity; andthe unit has not subsequently been decommissioned; “commissioned”, in relation to an electricity interconnector, means that—such procedures and tests have been completed as constitute, at the time they are undertaken, industry standards and practices for commissioning an electricity interconnector of that type such that it is capable of operation at its connection capacity; andthe electricity interconnector has not subsequently been decommissioned; “the Connection and Use of System Code” means the code with that name for governance of connection to, and use of, the GB transmission system which is maintained in accordance with the conditions of licences granted under section 6(1) of EA 1989 ;“connection capacity”, in relation to an interconnector CMU, a generating CMU or a generating unit forming part of a CMU, means the amount which in accordance with capacity market rules is declared in an application for prequalification as the connection capacity of that interconnector CMU, generating CMU or generating unit;“the court” has the meaning given in regulation 72(2);“CPI” means the UK Consumer Prices Index (All Items) published monthly by the Office for National Statistics or, if such index ceases to be published, such other index as may replace it;“credit cover” has the meaning given in regulation 53;“customer” means a person to whom electrical power is provided (whether or not that is the same person as the person who provides the electrical power);“decommissioned”, in relation to a generating unit, means that the generating unit has permanently been physically disconnected from the total system, or from equipment used to provide on-site supply; “decommissioned”, in relation to an electricity interconnector, means that the interconnector has permanently been physically disconnected from the GB transmission system; “Delivery Body” means—subject to paragraph (b), the national system operator; orif the national system operator's functions under Chapter 3 of Part 2 of the Act have been transferred to an alternative delivery body by an order under section 46 of the Act, and to the extent of the functions that have been transferred, that body;“delivery year”—in relation to a capacity auction, means the capacity year—for which each one year capacity obligation awarded as a result of that capacity auction has or will have effect; andwhich is the first year of the period for which each multi-year capacity obligation awarded as a result of that capacity auction has effect;in relation to a capacity obligation or a capacity agreement, means a capacity year in which that capacity obligation, or the capacity obligation imposed by that capacity agreement, has effect; andotherwise, means any capacity year in which one or more capacity obligations has or will have effect;“demand curve”, in relation to a capacity auction, means a specification (which may be in the form of a curve on a graph) of how the total amount of capacity for which capacity agreements are to be issued is to vary depending on the auction clearing price;“demand side response” means the activity of reducing the metered volume of imported electricity of one or more customers below a baseline, by a means other than a permanent reduction in electricity use;“demand side response CMU” has the meaning given in regulation 5;“demand side response CMU component” means—a DSR customer's consumption of electricity as measured by a single half hourly meter; ora permitted on-site generating unit,which forms part of the means by which a DSR provider commits to provide capacity as described in regulation 5(1);“de-rated capacity” has the meaning given in the Rules;“de-rating factor” has the meaning given in the Rules;“distribution CMU” means a generating CMU consisting of one or more generating units which export electricity to a distribution network;“distribution connection agreement” has the meaning given in the Rules;“distribution network” means a distribution network in Great Britain operated under a licence granted pursuant to section 6(1)(c) of EA 1989 ;“distribution network operator” means a person who operates a distribution network;...“DSR capacity” means—in the case of a proven demand side response CMU, its proven DSR capacity; andin the case of an unproven demand side response CMU, its unproven DSR capacity,as determined in accordance with capacity market rules;“DSR customer” has the meaning given in regulation 5(2);“DSR provider” has the meaning given in regulation 5(1);“DSR test” has the meaning given in the Rules;“DSR test certificate” has the meaning given in the Rules;...“electricity capacity report” means a report by the Delivery Body under regulation 7;“electricity interconnector” has the meaning given in section 4(3E) of EA 1989 ;“electricity supplier” has the meaning given in regulation 3(2);“export” means the flow of electricity from a generating unit on to a distribution network or the GB transmission system, or to an on-site consumer;“financial commitment milestone” has the meaning given in the Rules;“GB transmission system” means the national transmission system for Great Britain (and for this purpose “transmission system” has the same meaning as in EA 1989 );“general eligibility criteria” means the criteria in regulation 15;“generating CMU” has the meaning given in regulation 4;“generating technology class” has the meaning given in the Rules;“generating unit” means any equipment in which electrical conductors are used or supported or of which they form part which produces electricity, including such equipment which produces electricity from storage;“the Grid Code” means the code with that name specifying technical requirements for connection to, and use of, the GB transmission system which is maintained in accordance with the conditions of licences granted under section 6(1) of EA 1989 ;“group of companies” means a company and all the subsidiaries of that company within the meaning of section 1159 of the Companies Act 2006 ; “half hourly meter” means a meter which measures import or export of electricity (or, in the case of an electricity interconnector, measures net output)—on a half hourly basis; oron a basis which enables meter readings to be aligned with a settlement period; “import” means the flow of electricity from a distribution network or the GB transmission system or a permitted on-site generating unit to any building, facility, installation, plant or equipment which consumes electricity;“industry code” means—the Balancing and Settlement Code;the Connection and Use of System Code; orthe Grid Code;“insolvent”, in relation to a capacity provider, means that—a liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrative receiver, administrator or similar officer (in Great Britain or in any other jurisdiction) has been appointed in respect of the capacity provider or any of its assets; ora court in Great Britain has with respect to the capacity provider—made a judgment of insolvency or bankruptcy;entered an order for relief; ormade an order for its winding-up or liquidation,or an analogous step has been taken by a court in any other jurisdiction, and such judgment, order or other analogous step has not been dismissed, stayed or discharged;“interconnected capacity” means electricity provided to the GB transmission system through an electricity interconnector; “interconnector CMU” has the meaning given in regulation 5A; “low emissions determination” has the meaning given in the Rules;“metered volume” means, for a CMU, a generating unit or a demand side response CMU component and a settlement period, the net aggregate volume of active energy, measured by one or more meters, which flowed in that settlement period to or from that CMU, unit or component;“minimum capacity threshold” ... has the meaning given in regulation 15;“monthly penalty cap”, in relation to a capacity obligation and a month of a delivery year, means the maximum amount of capacity provider penalty charges which may be payable in respect of that capacity obligation for that month;“MPAN” means a meter point administration number;“multi-year capacity obligation” means a capacity obligation for a period of more than one delivery year;“MW” means megawatts;“MWh” means megawatt hours;“net output”, in relation to a generating CMU or a generating unit, means the amount of electricity produced by the CMU or unit minus its auxiliary load; “net output”, in relation to an interconnector CMU, means the amount of electricity transmitted through the CMU into the GB transmission system; “the offshore area” means the areas comprising—the sea adjacent to Great Britain from the low water mark to the landward baseline of the United Kingdom territorial sea;the United Kingdom territorial sea, except that part of it which is adjacent to Northern Ireland and extends seaward for 3 miles from the landward baseline; andthe sea in any designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 ;“on-site consumer” means a building, facility, installation, plant or equipment which—is on the same site, or connected to a distribution network at the same point of connection, as a generating unit; andconsumes electricity from that generating unit;“on-site supply” means the supply of electricity by a generating unit to an on-site consumer;“permitted on-site generating unit” means a generating unit which—is primarily used to provide on-site supply; anddoes not supply electricity to a distribution network or the GB transmission system other than in settlement periods where—the electricity requirements of the on-site consumer are fully and exclusively met by on-site supply from the generating unit;those requirements are less than the available capacity of the generating unit; andneither the generating unit nor the on-site consumer imports any electricity;“prequalification” means the process set out in the Rules for determining whether an applicant is eligible to bid in a capacity auction in respect of a CMU;“prequalification decision” means a decision by the Delivery Body under the Rules as to whether a CMU has prequalified for a capacity auction;“prequalification window” means the period specified in auction guidelines before a capacity auction during which a person wishing to apply for prequalification for the capacity auction in respect of a CMU must make an application to the Delivery Body;“prequalified”, in relation to a CMU and a capacity auction, is to be interpreted in accordance with regulation 14;“prequalify”, in relation to the Delivery Body, means to decide that a CMU has prequalified for a capacity auction;“price cap” means, in respect of a capacity auction, the price to be used by the auctioneer in the first bidding round of the capacity auction;...“price-taker” means a prequalified CMU other than one which has, in accordance with capacity market rules, been registered as a price-maker on the capacity market register;“price-taker threshold”, in relation to a capacity auction, means the maximum price at which a price-taker may withdraw from the capacity auction;“prospective generating CMU” means, subject to regulation 53(4), a generating CMU which consists of one or more prospective generating units;“prospective generating unit” has the meaning given in regulation 4; “prospective interconnector CMU” means an interconnector CMU within regulation 5A(1)(b); “proven demand side response CMU” means a demand side response CMU in respect of which a DSR test has been carried out;“proven DSR capacity” has the meaning given in the Rules;“relevant settlement period” means a settlement period in respect of which—there is a system stress event; anda capacity market notice is in force;“reliability standard” has the meaning given in regulation 6;“ROC” has the same meaning as it has in the ROO;“ROO” means—in relation to England and Wales, the Renewables Obligation Order 2009 ;in relation to Scotland, the Renewables Obligation (Scotland) Order 2009 ;“Settlement Body” means the person appointed to that position under regulation 80;“settlement period” means a period of 30 minutes beginning on an hour or half-hour;“site” is to be interpreted in accordance with paragraph (2);“storage facility” means a facility which consists of—a means of converting imported electricity into a form of energy which can be stored, and of storing the energy which has been so converted; anda generating unit which is wholly or mainly used to re-convert the stored energy into electrical energy; ... “system stress event” has the meaning given in the Rules;“T-1 auction” means a capacity auction ... held during the auction window commencing not less than 1 year and not more than 2 years before the start of the delivery year for which the capacity auction is held; “T-3 auction” means a capacity auction held during the auction window commencing on 1st September 2019 for the delivery year commencing on 1st October 2022; “T-4 auction” means ... a capacity auction held during the auction window commencing not less than 4 years and not more than 5 years before the start of the delivery year for which the capacity auction is held;“target capacity”, in relation to a capacity year, means the aggregate amount of de-rated capacity which the person determining or recommending the target capacity considers would be adequate in order to meet the reliability standard for that capacity year;“termination fee” means a fee payable by a capacity provider under regulation 43 where a capacity agreement or transferred part is terminated; “TFx”, for any value of x from x = 1 to x = 5, means the corresponding termination fee payable under regulation 43(3); ... “total system” means the GB transmission system and each distribution network; “transferred part” has the meaning given in regulation 30A(3); “unproven demand side response CMU” means a demand side response CMU other than a proven demand side response CMU;“unproven DSR capacity” has the meaning given in the Rules;“volume” means a volume of electrical generating capacity or DSR capacity in a time period, expressed in MWh;“winter” means a period starting on 1st October and ending on the following 30th April;“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or public holiday in England and Wales.2For the purposes of these Regulations, two or more installations are to be treated as being on the same site as each other if they are—aon the same premises;bon premises immediately adjoining each other, or separated from each other only by a road, railway or watercourse;con premises which are separated from each other by other premises, where all the premises referred to are occupied by the same person or by companies which are in the same group of companies; ordconnected by private wires.3In paragraph (2)—“installation” means—a generating unit;a demand side response CMU component; ora building, facility or item of plant or equipment; and“private wires” means electric lines connected to a generating station which are owned by—the generator;a consumer who receives a supply of electricity from the generator;the owner, lessor or lessee of the generator or of one of the premises to which a supply of electricity is made by the generator; orany of the persons described in paragraphs (a) to (c) jointly with any other of the persons described in those paragraphs,provided that the owner of those wires is not the holder of a distribution licence under section 6(1)(c) of EA 1989 .4Where anything is required or permitted by these Regulations to be done on or by a working day , unless specified otherwise—asuch thing must be done by 5.00 p.m. on that day; andbif the thing is done—iafter 5.00 p.m. on a working day; oriion a day which is not a working day,it is to be treated as having been done on the next working day.31For the purposes of section 27 of the Act—a“providing electricity” means providing any metered electrical output by a generating unit or through an electricity interconnector, and includes, in particular, providing such output by a generating unit which forms part of a storage facility; andb“reducing demand for electricity” means—iproviding demand side response; oriipermanent electricity demand reduction.2For the purposes of ... these Regulations, “electricity supplier” means a person supplying electricity to premises in Great Britain under a licence granted or treated as granted under section 6(1)(d) of EA 1989 .41A “generating CMU” is—aan existing generating unit which meets the conditions in paragraph (2);ba prospective generating unit which, when commissioned, will meet the conditions in paragraph (2);ca combination of two or more existing generating units which meet the conditions in paragraph (3); orda combination of two or more prospective generating units which, when all of the generating units have been commissioned, will meet the conditions in paragraph (3).2The conditions referred to in paragraph (1)(a) and (b) are that—athe generating unit provides electricity;bthe generating unit is capable of being controlled independently from any other generating unit;cthe net output of the generating unit is measured by one or more half hourly meters in accordance with capacity market rules; anddthe generating unit has a connection capacity not less than the minimum capacity threshold.3The conditions referred to in paragraph (1)(c) and (d) are that—athe generating units meet at least one of Conditions 1 to 4 in paragraph (4);bthe generating units are all of the same type ...;basubject to paragraph (4A), the generating units are all owned by the same person;csubject to paragraph (5), each generating unit is capable of being controlled independently from any other generating unit not forming part of the generating CMU;dthe net output of all the generating units is measured by one or more half hourly meters in accordance with capacity market rules; andethe aggregate connection capacity of all the generating units is not less than the minimum capacity threshold.4For the purposes of paragraph (3)(a)—aCondition 1 is that the generating units all form part of a single registered trading unit;bCondition 2 is that—ithe generating units are all connected to the total system at the same boundary point; andiinone of the generating units form part of a registered trading unit;cCondition 3 is that—ithe generating units have an aggregate connection capacity not exceeding 50 MW; andiinone of the generating units form part of a registered trading unit;dCondition 4 is that—ithe generating units are all hydro generating units which are registered as a single BM unit under the Balancing and Settlement Code; andiithere are not more than 10 such generating units.4AThe condition in paragraph (3)(ba) does not apply where the aggregate connection capacity of all the generating units is less than 50 MW.5The condition in paragraph (3)(c) does not apply where the generating units meet Condition 4 in paragraph (4).6In paragraph (1)(b) and (d), references to a prospective generating unit being commissioned are to be treated, in the case of a unit falling within paragraph (b) of the definition of “prospective generating unit” in paragraph (8), as references to the unit being recommissioned following an improvements programme.7For the purposes of paragraph (3)(b), generating units are of the same type if—athey are all CMRS distribution units;bthey are all non-CMRS distribution units; orcthey are all transmission units.8In this regulation—“boundary point” means any point at which any plant or apparatus not forming part of the total system is connected to the total system;“CMRS distribution unit” means a generating unit which exports electricity to a distribution network, where the metering system of that generating unit is registered in the central meter registration service;“existing generating unit” means a generating unit that has been commissioned;“hydro generating unit” means a generating unit driven by water, other than one driven by tidal flows, waves, ocean currents or geothermal sources;“non-CMRS distribution unit” means a generating unit which exports electricity to a distribution network, which is not a CMRS distribution unit;“prospective generating unit” means a generating unit or proposed generating unit that—has not been commissioned; oris to be subject to an improvements programme and has not been recommissioned following that improvements programme;“registered trading unit” means a trading unit, other than a base trading unit or sole trading unit, registered in accordance with the Balancing and Settlement Code; and“transmission unit” means a generating unit which exports electricity to the GB transmission system.9In this regulation the following expressions have the same meanings as in the Balancing and Settlement Code as it was in force on 8th September 2014—“base trading unit”;“BM unit”;“central meter registration service”;“metering system”; ... “sole trading unit”; “trading unit”.51A “demand side response CMU” is a commitment by a person (“a DSR provider”) to provide an amount of capacity when required to do so under capacity market rules, by a method of demand side response which—ais specified in paragraph (2);bin the case of a proven demand side response CMU, meets the conditions in paragraph (3); andcin the case of an unproven demand side response CMU—imeets the conditions in paragraph (3); oriiwill meet those conditions prior to the start of the delivery year for which the DSR provider has a capacity agreement.2The methods by which a DSR provider may provide DSR capacity are—aby causing one or more customers (a “DSR customer”) to do one or both of the following—i subject to paragraph (2A), reduce the DSR customer's import of electricity as measured by one or more half hourly meters;iiexport electricity generated by one or more permitted on-site generating units;bby the pre-determined variation of the demand of a DSR customer for active power at a site in response to changing system frequency under the terms of a contract with the national system operator.2AFor the purposes of this regulation, the reference in regulation 5(2)(a)(i) to a “DSR customer’s import of electricity” does not include import of electricity primarily for the conversion of electricity into a form of energy which can be stored by a storage facility.3The conditions in this paragraph are that—athe DSR provider must, in relation to each demand side response CMU component—ibe the DSR customer;iiown the DSR customer; oriiihave contractual DSR control over the DSR customer;beach demand side response CMU component must be connected to a half hourly meter that is capable of measuring the import or export of electricity to or from that demand side response CMU component;cthe total amount of DSR capacity which the DSR provider commits to provide must exceed the minimum capacity threshold; anddif the demand side response CMU consists of demand side response CMU components on two or more different sites, the DSR capacity of the demand side response CMU must not exceed 50MW.4In paragraph (3)(a), “contractual DSR control” means, in respect of any delivery year, having the right (whether by ownership or pursuant to contract notwithstanding that terms and conditions may apply to its exercise) exclusively to control all or part of the metered volume of any demand side response CMU component to provide demand side response when required to do so in that delivery year.5A1An “interconnector CMU” is—aan existing interconnector which meets the conditions in paragraph (3); orba prospective interconnector which when commissioned (or, as the case may be, recommissioned) will meet the conditions in paragraph (3).2In paragraph (1)—“existing interconnector” means an electricity interconnector that has been commissioned;“prospective interconnector” means an electricity interconnector or proposed electricity interconnector that—has not been commissioned; oris to be subject to an improvements programme and has not been recommissioned following that improvements programme.3The conditions referred to in paragraph (1) are that—athe electricity interconnector has a connection capacity not less than the minimum capacity threshold; andbthe net output of the electricity interconnector is measured by one or more half hourly meters in accordance with capacity market rules.PART 261The reliability standard is 3 hours of expected loss of load per capacity year.2In paragraph (1), “the reliability standard” means the cumulative duration of periods in a capacity year in which it is to be presumed—aby the Secretary of State in—imaking any decision about whether a capacity auction ... is to be held; andiisetting auction parameters for such a capacity auction; andbby the Delivery Body in making any recommendation in an electricity capacity report,that, on average over the long term, loss of load should occur.3For the purposes of this regulation, “loss of load” occurs if—athe national system operator instructs one or more distribution network operators to disconnect customers, or to reduce the voltage on all or part of their network;bthe national system operator takes emergency action to avoid disconnections or voltage reductions; orcautomatic low frequency demand disconnection takes place,but not if the action referred to in sub-paragraph (a), (b) or (c) takes place solely because of one or more faults in the GB transmission system or a distribution network.4In paragraph (3)(b), “emergency action” means—ainstructing a generator to increase the generation of electricity by a generating unit to its maximum output, otherwise than in accordance with a bilateral contract between the national system operator and that generator; orbsecuring the transmission of electricity to Great Britain through an electricity interconnector, where—ithe electricity would not have been so transmitted without the national system operator's action; andiithe primary purpose of the action is to avoid disconnections or voltage reductions.5Where an event referred to in paragraph (3) occurs, the period of loss of load is the time—afrom the national system operator issuing an instruction under paragraph (3)(a) or (4)(a) ... until it withdraws that instruction (or, if the national system operator issues two or more such instructions for overlapping periods, from it issuing the first of those instructions until it withdraws the last of them);bduring which electricity is transmitted through an interconnector as mentioned in paragraph (4)(b); orcwhere automatic low frequency demand disconnection takes place, from demand being disconnected until the national system operator issues an instruction to reconnect that demand.6In this regulation, “automatic low frequency demand disconnection” has the meaning given in the Grid Code as it was in force on 1st April 2014 (see section OC6.6 of that code).PART 371The Delivery Body must, before 1st June in 2015 and each subsequent year—aprepare a report in accordance with this Part (an “electricity capacity report”); andbsend the report to the Secretary of State.2An electricity capacity report must include, for each forecast period specified in paragraph (3)—aa forecast of the peak demand for electricity by customers in Great Britain during the forecast period;ban estimate of the total amount of capacity needed to meet that demand, having regard to the reliability standard; andcforecasts of how much of the demand for electricity, at times of peak demand, will be met by—iinterconnected capacity , in relation to each electricity interconnector that has or is likely to have been commissioned before the end of the forecast period concerned;iicapacity from generating units in Great Britain or the offshore area which do not meet the general eligibility criteria;iiicapacity from generating units which already have a capacity obligation for the forecast period;ivcapacity from generating units (other than generating units described in paragraph (ii) or (iii)) which are connected to a distribution network; andvdemand side response.3The forecast periods for the purposes of paragraph (2) are—athe capacity year starting on 1st October in the calendar year in which the electricity capacity report is sent to the Secretary of State; andbeach of the subsequent 14 capacity years.4An electricity capacity report must include recommendations as to—athe portion of the target capacity that should be used in a T-4 auction in the following auction window (if such an auction is held);bin 2017 and each subsequent year, the portion of the target capacity that should be used in a T-1 auction in the following auction window (if such an auction is held); andcthe de-rating factors that should apply to—i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iiiinterconnector CMUs,for the purposes of capacity auctions held in the following auction window.5An electricity capacity report must include the de-rating factors that the Delivery Body estimates will apply to—agenerating CMUs in each generating technology class; andbdemand side response CMUs;for the purposes of capacity auctions held in the following auction window.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81The Delivery Body must—amake any forecast, estimate or recommendation for the purposes of an electricity capacity report; andbexpress the forecast, estimate or recommendation in the report,in accordance with any directions given by the Secretary of State under regulation 9(2).2The Delivery Body must set out in an electricity capacity report any assumptions upon which a forecast, estimate or recommendation in the report is based.3The Delivery Body must publish an electricity capacity report.91The Secretary of State must give to the Delivery Body each year any data held by the Secretary of State which the Secretary of State considers should be made available to the Delivery Body for the purpose of preparing that year's electricity capacity report.2The Secretary of State may give directions to the Delivery Body as to—aany assumptions to be used by the Delivery Body in preparing an electricity capacity report; orbthe way in which any forecast, estimate or recommendation is to be expressed in the report.3The information referred to in paragraph (1), and any directions under paragraph (2), must be given to the Delivery Body no later than 22nd April in the year in which the electricity capacity report is to be provided.PART 4CHAPTER 1101The Secretary of State must determine—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ba. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cby 15th June in each year—iwhether a T-4 auction is to be held; andiiwhether a T-1 auction is to be held,in the auction window starting on 1st September in that year.1AParagraphs (2), (3) and (4) apply in relation to the determination required by regulation 10(1)(c)(ii).2The Secretary of State must, under paragraph (1)(c)(ii), determine that a T-1 auction is to be held, except where paragraph (3) or (4) applies.3The Secretary of State may determine that a T-1 auction is not to be held if the electricity capacity report for the year in which the determination is to be made contains a forecast that no DSR providers will apply to bid in such an auction.4The Secretary of State must determine that a T-1 auction is not to be held for a delivery year if no T-4 auction was held for that delivery year.5Where a determination in paragraph (1)(c) is that an auction is not to be held or that neither auction is to be held, the Secretary of State must, as soon as reasonably practicable after making it, publish such a determination under paragraph (1).6A determination that a capacity auction is to be held is subject to regulation 26.CHAPTER 2111“Auction parameters”, in relation to a capacity auction, means, subject to paragraph (2), such of the following as are determined by the Secretary of State for that capacity auction under regulation 12 ...—athe demand curve;bthe auction target capacity;cthe price cap;dthe price-taker threshold;ethe 15 year minimum £/kW threshold , 9 year minimum £/kW threshold and 3 year minimum £/kW threshold;fthe base period applicable for the purpose of calculation of capacity payments;g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .h. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2If any of the parameters referred to in paragraph (1) for a capacity auction have been adjusted in accordance with these Regulations or capacity market rules, references to the auction parameters for that capacity auction are to the parameters as so adjusted.3In this regulation—“3 year minimum £/kW threshold” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending on a generating CMU or an unproven demand side response CMU that is not a three year zero capex threshold CMU to be eligible to bid for a capacity obligation for a period of 2 or 3 delivery years;“9 year minimum £/kW threshold” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending on a declared low carbon CMU that is a new build CMU, a refurbishing CMU or an unproven demand side response CMU to be eligible to bid for a capacity obligation for a period of more than 3 and up to 9 delivery years;“15 year minimum £/kW threshold” means the minimum amount of capital expenditure per kilowatt of de-rated capacity which a bidder must commit to spending—on a declared low carbon CMU that is a generating CMU or an unproven demand side response CMU to be eligible to bid for a capacity obligation for a period of more than 9 and up to 15 delivery years; oron any other generating CMU or unproven demand side response CMU to be eligible to bid for a capacity obligation for a period of more than 3 and up to 15 delivery years; “auction target capacity” means, in respect of a capacity auction, the portion of the target capacity in relation to the capacity year corresponding to the delivery year for which the capacity auction is to be held which should be used for that capacity auction; and“declared low carbon CMU”, “new build CMU”, “refurbishing CMU”, and “three year zero capex threshold CMU” have the meaning given in the Rules....121For each capacity auction, the Secretary of State must determine each of the auction parameters referred to in sub-paragraphs (a) to (d) of regulation 11(1).2For each T-4 auction, the Secretary of State must also—adetermine the auction parameters referred to in sub-paragraphs (e) and (f) of regulation 11(1); andb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2AWhen determining under paragraph (1) the auction parameter referred to in regulation 11(1)(b) (auction target capacity) in respect of a T-4 auction and the delivery year for which that T-4 auction is to be held (“delivery year x”), the Secretary of State must—adetermine the target capacity for the capacity year corresponding to delivery year x;bdetermine the target capacity for the capacity year corresponding to delivery year x that should be set aside for the T-1 auction for delivery year x (“the T-1 auction set aside”) in accordance with paragraph (2B); andcdeduct the T-1 auction set aside from the target capacity for the capacity year corresponding to delivery year x.2BFor the purposes of paragraph (2A)(b), the Secretary of State must determine the T-1 auction set aside by applying a 95% confidence interval around the target capacity for the capacity year corresponding to delivery year x.2CFor each T-1 auction, where the delivery year corresponds with delivery year x, the Secretary of State must determine the auction parameter referred to in regulation 11(1)(b) (auction target capacity) to be an amount equal to or greater than 50% of the T-1 auction set aside if previously determined under paragraph (2A)(b) for the T-1 auction for delivery year x.3The determinations under paragraphs (1) and (2) are subject to any adjustments which may be made under regulations 13 and 28.4The Secretary of State must—amake the determinations under paragraph (1) and, if applicable, paragraph (2), and give notice of them to the Delivery Body as soon as reasonably practicable after publishing a decision to hold a capacity auction; andbpublish the determinations.5In making the determinations under paragraphs (1) and (2), the Secretary of State must take into account—athe electricity capacity report ...;bthe reliability standard; andcthe matters specified in section 5(2) of the Act.6If the auction target capacity determined by the Secretary of State for a T-1 auction or a T-4 auction is different from a recommendation in the electricity capacity report as to the portion of the target capacity that should be used in that capacity auction, the determination must include an explanation of—athe Secretary of State’s reasons for not following that recommendation; andbthe basis upon which the Secretary of State has made the determination.7In this regulation—“the 95% confidence interval” means the range of values within which the target capacity for a capacity year may be expected to lie with a 0.95 level of probability;“auction target capacity” has the meaning given in regulation 11(3).131Subject to paragraph (1A), after the Secretary of State receives a notification from the Delivery Body under regulation 23, the Secretary of State may decide to adjust any of the auction parameters for the capacity auction to which the notification relates.1AIf the Secretary of State adjusts the auction parameter referred to in regulation 11(1)(b) (auction target capacity) for a T-1 auction, that auction target capacity must remain equal to or greater than 50% of the T-1 auction set aside if previously determined under regulation 12(2A)(b) for that T-1 auction and delivery year.2The Secretary of State must make any decision under paragraph (1), and give notice of any adjustments to the Delivery Body, within 10 working days after receiving the notification from the Delivery Body.3In this regulation, “the T-1 auction set aside” has the meaning given in regulation 12(2A)(b).CHAPTER 3141 Anapplicant is eligible to bid in a capacity auction in respect of a CMU if—athe CMU has prequalified for the capacity auction; andbthe applicant is the person who applied for its prequalification under capacity market rules.2A CMU has prequalified for a capacity auction if, by 11 working days before the start of the capacity auction—athe Delivery Body has determined under capacity market rules, or under Chapter 1 of Part 10 (dispute resolution and appeals), that the CMU has prequalified; orbthe Delivery Body has registered the CMU on the capacity market register as a prequalified CMU in accordance with a direction of the Authority or the court under Chapter 1 of Part 10.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151The Delivery Body must not prequalify a CMU for a capacity auction unless it meets the general eligibility criteria.2The general eligibility criteria for a CMU are the conditions specified in paragraphs (3) to (5).3The first condition is that the CMU is in Great Britain or the offshore area.4The second condition is—ain the case of a generating CMU or an interconnector CMU, that the connection capacity of the CMU is equal to or greater than 1MW (the “minimum capacity threshold”); orbin the case of a demand side response CMU, that the DSR capacity of the CMU is equal to or greater than the minimum capacity threshold.5The third condition is that the CMU is not a CMU which, by virtue of regulations 16 and 17, the Delivery Body must not prequalify for a capacity auction.161The Delivery Body must not prequalify a CMU (“CMU i”) in respect of which—aif CMU i is accredited under the FIT Order, the RHI Regulations or the ROO, the applicant does not provide a non-support confirmation by the close of the prequalification window; orbif an application (which is not determined) for a low carbon exclusion has been made in respect of CMU i for any of the delivery period, the applicant does not provide a withdrawal confirmation by the close of the prequalification window.2The Delivery Body must not prequalify CMU i if—athe CFD counterparty has made an offer of a CFD in respect of the generating station that comprises or includes CMU i—i further to a direction given by the Secretary of State under section 10(1) of the Energy Act 2013 (direction to offer to contract), and the CFD counterparty and an eligible generator have entered into that CFD; oriiunder section 14(1) of the Act (CFD notification: offer to contract on standard terms) and regulation 10(1) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract) , and an eligible generator has entered into that CFD; andbthat CFD has not expired or been terminated.2AFor the purposes of paragraph (2)(a)(ii), a reference to an eligible generator entering into a CFD has the meaning given in regulation 10(3) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract).3The Delivery Body may request an applicant or the CFD counterparty to provide it with such information as it may require for the purposes of paragraphs (1) and (2), and the applicant or CFD counterparty must, to the extent that it holds the information, comply with such a request as soon as reasonably practicable.4In this regulation—“co-firing CMU” means a generating CMU consisting of one or more generating units which have, in any month after March 2013, generated electricity in the way described in Schedule 2 to the ROO as “co-firing of regular bioliquid”, “low-range co-firing”, “mid-range co-firing”, “high-range co-firing” or “unit conversion”;“the FIT Order” means the Feed-in Tariffs Order 2012 ;“low carbon exclusion” means—an accreditation under—the FIT Order;the RHI Regulations; orthe ROO; ora CFD;“non-support confirmation” means a declaration in writing to the Delivery Body from an applicant—that the period for which relevant support may be paid or issued under the FIT Order, the RHI Regulations or the ROO in respect of CMU i will have expired before the start of the delivery period; orthat—CMU i is a co-firing CMU; andif the applicant is awarded a capacity obligation in respect of CMU i, the applicant will not, except in accordance with regulation 34, seek to obtain relevant support in respect of CMU i for any of the delivery period;“relevant support” means—a FIT payment within the meaning referred to in the FIT Order;a periodic support payment within the meaning of the RHI Regulations; ora ROC;“the RHI Regulations” means the Renewable Heat Incentive Scheme Regulations 2011 ;“withdrawal confirmation” means a notice to the Delivery Body from the applicant in respect of CMU i that the applicant has withdrawn its application for a low carbon exclusion in respect of that CMU.171The Delivery Body must not prequalify a CMU (“CMU i”) unless the applicant has provided to it, by the close of the prequalification window, a declaration in writing that no relevant grant has been, or will be, paid in respect of CMU i.2In this regulation— “carbon capture and storage technology” has the meaning given in section 7(3) of the Energy Act 2010; “relevant grant” means a grant—under a relevant scheme;the first payment of which is made, or to be made, within the period of 10 years immediately before the commencement of the delivery period; andwhich is made for purposes other than—carrying out activities of research and development in relation to the design and use of carbon capture and storage technology in respect of CMU i; orassessing the feasibility of the use of carbon capture and storage technology in respect of CMU i “relevant scheme” means a scheme of financial assistance provided under—NER 300;section 1(1) of the Energy Act 2010 in respect of a CCS demonstration project within the meaning of that section; orsection 5(1) of the Science and Technology Act 1965 to support carbon capture and storage.3In paragraph (2), “NER 300” means the competition established under Article 10a(8) of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC .18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19In regulations 16 and 17, “delivery period” means the delivery year or period of delivery years for which a capacity obligation would be awarded in respect of a CMU (“CMU i”) if a bid in respect of CMU i were accepted at the capacity auction for which the applicant is applying for prequalification.CHAPTER 4201This Chapter applies where the Secretary of State has determined that a capacity auction is to be held.2The Delivery Body must exercise the functions conferred on it by—athis Chapter; andbcapacity market rules.3The Delivery Body must exercise those functions in accordance with these Regulations and capacity market rules.211The Delivery Body must, before the start of the prequalification window, publish guidelines for the capacity auction (“auction guidelines”).2The auction guidelines must contain—athe provisional date on which the capacity auction is to start;bdetails of how to apply to prequalify to bid in the capacity auction;cthe timetable for submission and determination of applications, which must in particular include the closing date for submission of applications;dthe auction parameters;ethe de-rating factor for each generating technology class, and for each interconnector CMU, as determined by the Delivery Body or the Secretary of State under capacity market rules; andfsuch other information as may be—irequired by capacity market rules; oriidirected by the Secretary of State or the Authority.3The Delivery Body must, not less than 3 weeks before the date specified under paragraph (2)(a), publish a final version of the auction guidelines which contains—athe date on which the capacity auction is to start; andbany changes made to the auction parameters under regulation 13.22The Delivery Body must—adetermine each application for prequalification that is made to it in accordance with capacity market rules;bnotify each applicant of its determination; andcreconsider a determination, if an applicant requests it to do so under regulation 69.231The Delivery Body must, as soon as reasonably practicable after it has determined all the applications made to it and, if applicable, complied with any obligations under regulation 69(3) or (4) in relation to requests to review prequalification decisions notified to applicants on prequalification results day (which has the meaning given to that term in the Rules), notify the Secretary of State of the aggregate de-rated capacity of—aCMUs which have prequalified to bid in the capacity auction;bCMUs in respect of which applications were rejected; andcgenerating CMUs , or interconnector CMUs, in respect of which the Delivery Body received—ian opt-out notification stating that the CMU will be closed down, decommissioned or otherwise non-operational by the commencement of the delivery year;iian opt-out notification stating that the CMU will be temporarily non-operational for all the winter of the delivery year but will be operational thereafter; oriiian opt-out notification stating that the CMU will remain operational during the delivery year.2The Delivery Body must, at the same time—aadvise the Secretary of State whether, in light of the data referred to in paragraph (1), the demand curve for the capacity auction should be adjusted; andbprovide a recommendation to the Secretary of State as to the adjustment, if any, that should be made to the demand curve.3The Delivery Body must give the advice and recommendation in accordance with any directions given by the Secretary of State.4In paragraph (1), “opt-out notification” has the meaning given in the Rules.241The Delivery Body must, subject to regulation 26, hold a capacity auction starting on the date specified in the final auction guidelines published under regulation 21(3).2The Delivery Body may arrange for another person to conduct the capacity auction on its behalf, and in these Regulations “the auctioneer” means—athe Delivery Body, if it conducts the capacity auction itself; orbthe person appointed by the Delivery Body to conduct the capacity auction.3The auctioneer must conduct the capacity auction in accordance with—acapacity market rules;bthe auction guidelines; andcany instructions given by the Secretary of State on how price decrements are to be set.4The Delivery Body is responsible for the performance of functions conferred on the auctioneer by these Regulations or capacity market rules, whether or not the Delivery Body performs those functions itself.5In paragraph (3)(c), “price decrement” means the amount by which the bidding price is to be decreased from one bidding round of a capacity auction to the next.251The Delivery Body must, after a capacity auction is completed—aas soon as reasonably practicable notify the auction results to the Secretary of State;bwithin one working day, give notice to each bidder of whether or not its bid was a successful bid; andcwithin 8 working days, publish the auction results.2In paragraph (1) “the auction results” means—athe auction clearing price;bthe total amount of capacity in respect of which successful bids were made;cthe CMUs in respect of which successful bids were made;din respect of each such CMU—ithe de-rated capacity of the CMU...; andiithe duration of capacity obligation for which, and the price at which, the successful bid was made.3In paragraphs (1) and (2), a “successful bid” means a bid that, subject to regulation 27, results in the award of a capacity obligation to the bidder.261A capacity auction may not be cancelled, postponed or stopped except as provided in this regulation.2The Delivery Body—amust cancel or postpone a capacity auction if directed to do so by the Secretary of State under paragraph (3); andbmay postpone or stop a capacity auction if, in the Delivery Body's opinion, the capacity auction cannot be conducted fairly and in accordance with regulation 24(3), because of a failure of the auction IT system or any other exceptional circumstances.3The Secretary of State—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bmay, at any time before the date on which the capacity auction is to start, direct the Delivery Body for any other reason—ito postpone a capacity auction for an indefinite period; oriito start the capacity auction on a later date than the date specified in auction guidelines.4If the Delivery Body postpones or stops a capacity auction under paragraph (2)(b), the Delivery Body must hold or restart the capacity auction at a later date, and must comply with regulation 28(3)(b) and (c) in relation to the rearranged capacity auction.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6If the Secretary of State gives a direction under paragraph (3)(b) to postpone a capacity auction, the Secretary of State must as soon as reasonably practicable give a further direction to the Delivery Body to rearrange or cancel the capacity auction.7Paragraph (6) is subject to regulation 28(4).8If the Secretary of State directs the Delivery Body to cancel or postpone a capacity auction, the Secretary of State must, not later than 4 weeks after giving that direction, publish the reasons for it.271The Secretary of State may, within 7 working days after a capacity auction is completed, annul the capacity auction if it appears to the Secretary of State that there are reasonable grounds to suspect that—athere was an irregularity in relation to the capacity auction; andbthe irregularity affected—ithe auction clearing price; oriithe CMUs which were successful in the capacity auction.2For the purposes of paragraph (1) there is an irregularity if, but only if, the capacity auction was not conducted in accordance with regulation 24(3).3If the Secretary of State decides to annul a capacity auction, the Secretary of State must—aimmediately publish that decision; andbnot later than 4 weeks after making that decision, publish the reasons for it.281If the Secretary of State gives a direction under regulation 26(6) to rearrange a capacity auction, the Secretary of State may, subject to paragraph (4)—agive directions to the Delivery Body about the holding of that capacity auction; andbdecide to adjust any of the auction parameters for that capacity auction.2Directions under paragraph (1)(a) may include a direction to re-open prequalification for the capacity auction, and must include such a direction if any of the auction parameters are adjusted.3The Delivery Body must—acomply with any directions under paragraph (1);bpublish a revised version of the auction guidelines for the rearranged auction; andcensure that a rearranged capacity auction is completed by the earlier of—ithe end of the auction window; orii6 months after the date of any direction by the Secretary of State to hold a rearranged capacity auction.4The Secretary of State must not give directions under regulation 26(6), or paragraph (1) of this regulation, if the effect of those directions is that it would not be reasonably practicable for the Delivery Body to comply with paragraph (3)(c).CHAPTER 529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 5301A “capacity agreement” comprises the rights and obligations accruing to a capacity provider under or by virtue of electricity capacity regulations and capacity market rules in relation to a particular capacity committed CMU and one or more delivery years.2A distinct capacity agreement accrues to each successful bidder in a capacity auction (unless the capacity auction is annulled under regulation 27), in relation to each CMU for which a successful bid was made, for—a a capacity obligation equal to the de-rated capacity of the CMU ...;bthe delivery year for which the capacity auction was held in the case of a capacity agreement for a one year capacity obligation, or a period of two or more whole delivery years commencing with that delivery year in the case of a capacity agreement for a multi-year capacity obligation; andcthe capacity cleared price.3The “capacity cleared price” means the price which, subject to any provision for adjustment for inflation, is to be used for the purpose of calculating capacity payments in respect of a capacity obligation.4The capacity cleared price is—athe auction clearing price; ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5A capacity agreement—amay not be disclaimed; andbmay not be transferred or terminated except as provided in these Regulations and capacity market rules.6Unless terminated in accordance with these Regulations or capacity market rules, and subject to any termination of a transferred part in accordance with regulation 30A(4), once a capacity agreement takes effect in accordance with the Rules, it remains in force until the expiry of the period of delivery years for which it is issued.30A1A capacity agreement may be transferred in accordance with capacity market rules so as to apply in respect of a CMU—afor the entire delivery year, or period of delivery years, for which the capacity agreement has effect; orbonly for a specified number of calendar days in such a delivery year (“the transfer period”).2A transfer under paragraph (1) may be made—ain respect of the entire capacity obligation comprised in the capacity agreement; orbin respect of a part only of that obligation.3For the purposes of this regulation, a “transferred part” comprises the rights and obligations accruing to the transferee in respect of a CMU where the capacity agreement (“the related agreement”) is transferred under paragraph (1)(b) or (2)(b).4A transferred part may be terminated, in accordance with capacity market rules, so as to extinguish the rights and obligations accruing to the transferee.5But a termination of the transferred part does not—ain itself amount to the termination of the related agreement; orbaffect any rights and obligations accruing—iin a part of a delivery year that is not included in the transfer period; oriiin relation to any part of the capacity obligation that is not transferred.6A termination of the related agreement does not in itself amount to the termination of a transferred part and does not extinguish the rights and obligations accruing in respect of the transferred part.7This regulation applies to the further transfer of a transferred part as it applies to a transfer of a capacity agreement.311The Delivery Body must, in accordance with this regulation and capacity market rules, establish and maintain a capacity market register containing details of—ain respect of each CMU that is the subject of an application to prequalify for a capacity auction—ithe prequalification decision; andiithe de-rated capacity of the CMU; andbeach capacity agreement.2The Delivery Body must include on the capacity market register in respect of each capacity agreement—aa description of the CMU in respect of which the capacity agreement is issued;bthe duration of the capacity agreement, and the delivery year or years for which it is issued;cthe capacity obligation for which the capacity agreement is issued;dthe capacity cleared price;ein the case of a capacity agreement issued following a T-4 auction, the base period applicable for the purpose of calculating capacity payments;fthe annual penalty cap and monthly penalty cap applicable in accordance with the electricity capacity regulations in force at the date of issue of the capacity agreement, expressed respectively as percentages of the annual capacity payment and the monthly capacity payments payable under the capacity agreement;gwhether the capacity provider is subject to a financial commitment milestone and, if so, the date by which that milestone must be met;hwhether the capacity provider is subject to a minimum completion requirement and, if so, the long stop date in respect of that requirement;ithe rate at which each termination fee is payable, which must be determined by the Delivery Body in accordance with regulation 32; andjsuch other matters as may be specified in capacity market rules.3The matters referred to in sub-paragraphs (a) to (i) of paragraph (2) apply throughout the duration of the capacity agreement and may not be amended except—aby the Delivery Body to correct an administrative error;bin accordance with a direction of the Authority or the court under Chapter 1 of Part 10;cin accordance with any provision of electricity capacity regulations or capacity market rules for—ithe adjustment of amounts for inflation;iithe extension of a date by which a milestone or other requirement must be met; oriiithe termination of capacity agreements.4In paragraph (2)(h), “long stop date” and “minimum completion requirement” have the meanings given in the Rules.321In this regulation— “TFxrate” (for any value of x from x = 1 to x = 5) means the rate at which a termination fee is payable by a capacity provider if—a capacity agreement is terminated on a ground specified in capacity market rules; andcapacity market rules specify that TFx is payable in the event of the capacity agreement being terminated on that ground;...2Those rates are as follows—TF1rate is £5,000/MW;TF2rate is £25,000/MW;TF3rate is £10,000/MW;TF4rate is £15,000/MW;TF5rate is £35,000/MW.4References in this regulation to a rate expressed as £/MW are to that amount in pounds per MW of de-rated capacity ... for which the capacity agreement is issued, as specified in the capacity market register.5This regulation applies to the termination of a transferred part as it applies to the termination of a capacity agreement; but in that case, the reference in paragraph (4) to the de-rated capacity ... for which the capacity agreement is issued is to be construed as a reference to the capacity obligation comprised in the transferred part.331This regulation applies where the Delivery Body gives a termination notice to a capacity provider under capacity market rules.2The Secretary of State may, if the Secretary of State thinks fit, within 3 months of the date on which the termination notice is given—adirect the Delivery Body to withdraw the termination notice; orbif the termination notice was given on the ground that the capacity provider has failed to meet a specified requirement, extend the date by which the capacity provider must meet that requirement.3The date to which a requirement is extended under paragraph (2)(b) must not be later than 6 months after the date on which the termination notice was given.4A capacity provider may make representations to the Secretary of State requesting the Secretary of State to exercise the discretion in paragraph (2).5Representations under paragraph (4)—amust be made in writing within 20 working days after the date on which the termination notice is given; andbif the termination notice was given on the ground that the capacity provider has failed to meet a specified requirement, must specify a cure plan.6The Secretary of State must consider any representations made in accordance with paragraph (5).7A capacity provider may not use the procedure in paragraphs (4) and (5) to dispute whether a termination event has occurred, and may only dispute that matter in accordance with Chapter 1 of Part 10.8In this regulation—aa “cure plan” means proposals by the capacity provider demonstrating how and when it will comply with the specified requirement (except as to any provision in capacity market rules about the time for compliance with the specified requirement);ba “specified requirement” means a requirement in capacity market rules, the non-compliance with which is specified in capacity market rules as a termination event.9In this regulation, “termination event” and “termination notice” have the meanings given in the Rules.33A1This regulation applies where the Delivery Body gives a reduction notice to a capacity provider under the Rules.2The Secretary of State may, if the Secretary of State thinks fit, within 3 months of the date on which the reduction notice is given—adirect the Delivery Body to extend the date by which the capacity provider must meet a specified requirement; orbdirect the Delivery Body to withdraw the reduction notice.3The date to which a requirement is extended by virtue of a direction under paragraph (2)(a) must not be later than 6 months after the date on which the reduction notice is given.4If a capacity provider wishes the Secretary of State to exercise the discretion in paragraph (2), the capacity provider must make representations to the Secretary of State.5Representations under paragraph (4) must—abe made in writing within 20 working days after the date on which the reduction notice is given;brequest a direction under paragraph (2);cspecify the reasons for requesting a direction under paragraph (2); anddwhere a direction under paragraph (2)(a) is requested, specify a cure plan.6The Secretary of State must consider any representations made in accordance with paragraph (4).7In this regulation—aa “cure plan” means proposals by the capacity provider demonstrating how it will comply with the specified requirement;ba “specified requirement” means a requirement in the Rules, the noncompliance with which is specified in the reduction notice; andc“reduction notice” has the meaning given in the Rules.341The Delivery Body must terminate a capacity agreement (“A”) issued following a T-4 capacity auction where, by no later than 16 months before the start of the delivery period, the Delivery Body receives in respect of A—aa CFD transfer notice; orba ROO conversion notice.2The Delivery Body must—acomply with paragraph (1) immediately it receives the notice; andbas soon as reasonably practicable, give a notice that it has terminated A to—ithe capacity provider in respect of A;iithe Settlement Body; andiiithe CFD counterparty in respect of a CFD transfer notice or the Authority in respect of a ROO conversion notice.2ASubject to paragraph (2B), a CFD transfer notice must include a statement verifying the truth of the statements contained in the CFD transfer notice, which is signed by two directors of the capacity provider or, in the case of a capacity provider which is not a company, by two persons duly authorised by the capacity provider.2BIf a capacity provider has a sole director, references to “directors” in paragraph (2A) are to be read as the sole director.3In this regulation— “allocation round” means an allocation round established by the Secretary of State under regulation 4 of the Contracts for Difference (Allocation) Regulations 2014; “CFD transfer notice” means a notice from the capacity provider in respect of CMU i which—identifies A;states that the capacity provider in respect of CMU i seeks the termination of A in order to become eligible to apply for a CFD (other than a CCS CFD) in an allocation round;identifies the specific allocation round in which the capacity provider intends to apply;requests that the Delivery Body terminate A; andcomplies with paragraph (2A); “CMU i” means the CMU to which A applies;“the delivery period” means the delivery year or the period of delivery years for which A imposes a capacity obligation;“ROO conversion notice” means a notice from the capacity provider in respect of A which—identifies A;states that the capacity provider intends to claim ROCs in respect of CMU i as a unit conversion or as part of a station conversion for any of the delivery period; andincludes a written confirmation from the Authority that at least one ROC has been issued in respect of CMU i as a unit conversion or as part of a station conversion since the date A was awarded;“station conversion” has the same meaning as it has in the ROO ; and“unit conversion” has the same meaning as it has in the ROO .34A1This regulation applies where a capacity provider gives the Delivery Body, in accordance with capacity market rules, a CCS CFD transfer notice in relation to a CMU (“CMU i”) to which a capacity agreement (“A”) applies.2The Delivery Body must give a notice specifying the CCS CFD related termination date in respect of A, to—athe capacity provider in respect of A;bthe Secretary of State;cthe Authority;dthe Settlement Body; andethe CFD counterparty.3A is terminated on the CCS CFD related termination date specified in the notice given by the Delivery Body under paragraph (2) unless—aA is terminated in accordance with these Regulations or on a ground specified in the capacity market rules prior to the CCS CFD related termination date; orbthe duration of A is reduced in accordance with capacity market rules such that it expires before the CCS CFD related termination date.4In this regulation—“CCS CFD” means a CFD in connection with which an eligible generator is to alter an existing generating station so that it becomes a generating station connected to a complete CCS system;“CCS CFD evidence” has the meaning given in the Rules;“CCS CFD payment start date” means the date on which a person becomes eligible under a CCS CFD to receive a generation counterparty payment;“CCS CFD related termination date” means the date which is:the last day of the capacity year which the capacity provider in respect of CMU i specifies in a CCS CFD transfer notice as the final delivery year of A; orsix working days after the CCS CFD transfer notice window during which a CCS CFD transfer notice is given, where the capacity provider in respect of CMU i states in a CCS CFD transfer notice that it intends for A to end before its first delivery year;“CCS CFD transfer notice” means a notice from a capacity provider which—identifies a capacity agreement which the capacity provider holds;describes the CMU to which that capacity agreement relates;states that the capacity provider proposes to enter or has entered into a CCS CFD in respect of the CMU;specifies—the capacity year which the capacity provider intends to be the final delivery year of the capacity agreement; orthat the capacity provider intends for the capacity agreement to end before its first delivery year;requests that the Delivery Body terminates the capacity agreement on a nominated CCS CFD related termination date;is accompanied by CCS CFD evidence; andincludes a statement verifying the truth of the statements contained in and accompanying the notice, which is signed by—where the capacity provider is a company with more than one director, two directors;where the capacity provider is a company with a sole director, the sole director;where the capacity provider is not a company, by two persons duly authorised by the capacity provider;“CCS CFD transfer notice window” has the meaning given in the Rules;“complete CCS system” has the meaning given in regulation 2(1) of the Contracts for Difference (Definition of Eligible Generator) Regulations 2014;“generating station” has the meaning given in regulation 2(1) of the Contracts for Difference (Definition of Eligible Generator) Regulations 2014;“generation counterparty payment” has the meaning given in regulation 4(2) of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014;“nominated CCS CFD related termination date” means, in respect of a CMU described in a CCS CFD transfer notice, a date which is—before the date which the capacity provider expects to be the CCS CFD payment start date under a CCS CFD which the capacity provider proposes to enter or has entered into in respect of the CMU; andeither—the last day of the capacity year which the capacity provider in respect of the CMU intends to be the final delivery year of the capacity agreement which applies to the CMU; orsix working days after the CCS CFD transfer notice window during which the CCS CFD transfer notice is given by the capacity provider, where the capacity provider in respect of the CMU intends for the capacity agreement to end before its first delivery year.351Any capacity agreement issued in respect of a CMU which, at the date on which the capacity agreement was issued, did not meet the general eligibility criteria is null and void.2Where the Delivery Body becomes aware that a capacity agreement is null and void by reason of paragraph (1), the Delivery Body must as soon as reasonably practicable give a notice to the capacity provider and the Settlement Body which—aidentifies the capacity agreement; andbstates that the capacity agreement is null and void.PART 6CHAPTER 1361The Settlement Body must make the calculations set out in this Part and Schedule 1 (the “settlement calculations”)—aby such date as may be specified or, where no date is specified, by such time as is necessary to enable the Settlement Body to comply with the regulations in this Part; andbso far as possible, using the required data.2Where, by the time a settlement calculation is to be made, the Settlement Body has not been provided with any required data which is necessary for that calculation, the calculation must be made using the best data available to the Settlement Body.3In this regulation, “required data” means data which is required to be provided to the Settlement Body under capacity market rules.371Where a capacity provider (“C”) fails to comply with a requirement in capacity market rules to provide data to the Settlement Body, the Settlement Body must give a notice to C that C is in default (a “data default notice”).2A data default notice may be varied by the Settlement Body and must be revoked when C has provided all the data required by capacity market rules.381An invoice or credit note issued by the Settlement Body must set out the determination of the amount which the recipient is liable to pay, or is entitled to receive, in such detail as will readily show the recipient how the determination has been made.2An invoice must specify the day by which it is to be paid, which must be not less than 3 working days after the date on which the invoice is issued.3Each electricity supplier and capacity provider must provide the Settlement Body with an address for electronic service of invoices and credit notes.4Where an electricity supplier or a capacity provider has complied with paragraph (3), the Settlement Body must send an invoice or credit note electronically to the address provided.CHAPTER 2391For each relevant settlement period in a month (“month M”), the Settlement Body must determine for each capacity committed CMU—athe adjusted load-following capacity obligation of the CMU in the settlement period ("$ALFC{O}_{ij}$”);bthe net output of the CMU in the settlement period (“$E_{ij}$”); andcadjusted Eij (“$A{E}_{ij}$”).2The Settlement Body must make the determinations under paragraph (1) in accordance with capacity market rules.3The determinations under paragraph (1)(a) and (b) must be made by no later than 10 working days after the end of month M.4The determination under paragraph (1)(c) must be made after the close of the volume reallocation window for month M, but by no later than 34 working days after the end of month M.5In this regulation—“adjusted Eij”, in relation to a capacity committed CMU and a relevant settlement period, means Eij with any adjustment made to it as a result of volume reallocation;“capacity market volume reallocation notifications” has the meaning given in the Rules; “net output”, in relation to a demand side response CMU, means DSR volume (as defined in capacity market rules); “volume reallocation” means the procedure in capacity market rules by which part of the net output of a ... CMU in a relevant settlement period may be reallocated to another ... CMU for the purpose of the settlement calculations; and“volume reallocation window” means the period during which persons qualified to do so (within the meaning given in regulation 42(2)(c)) may submit capacity market volume reallocation notifications under capacity market rules.401A capacity provider (“C”) is entitled, subject to paragraphs (5) and (6) and to regulations 49 to 51, to receive from the Settlement Body a capacity payment determined in accordance with this regulation in respect of each month of a delivery year (“month M”) for the capacity committed CMUs for which C was the capacity provider during month M.2The Settlement Body must, after the end of month M—adetermine the amount of the capacity payment which is payable to C in respect of month M (“$MC{P}_{cm}$”); andbissue a credit note to C for the amount determined for it.3$MC{P}_{cm}$must be calculated in accordance with paragraph 4 of Schedule 1.4The Settlement Body must issue a credit note to C under paragraph (2)(b)—aby no later than the 28th working day after the end of month M; butbif C is liable to pay a capacity provider penalty charge in respect of month M, not earlier than the day after the day by which C is required to pay that charge.5Paragraphs (1) to (4) do not apply unless by the 26th working day after the end of month M the Settlement Body has received capacity market supplier charges in respect of month M.6If by the day referred to in paragraph (5) the Settlement Body has received capacity market supplier charges in respect of month M the total of which is less than the sum of $MC{P}_{cm}$ for all capacity providers, the amount of each capacity payment which would otherwise be determined under paragraph (2) must be reduced by the same proportion so that the total amount of capacity payments payable to capacity providers is equal to the total amount of capacity market supplier charges received.7In this regulation, “capacity market supplier charges” means charges which electricity suppliers are required to pay under electricity capacity regulations to meet the cost of funding capacity payments.411A capacity provider (“C”) must pay to the Settlement Body a capacity provider penalty charge in respect of any month of a delivery year (“month M”) if, in respect of month M, a settlement period penalty applies to one or more capacity committed CMUs for which C was the capacity provider during month M.2If one or more capacity providers are liable to pay a capacity provider penalty charge in respect of month M the Settlement Body must, by no later than the 35th working day after the end of month M—adetermine the amount, if any, payable by each capacity provider in respect of capacity provider penalty charges incurred in month M; andbissue to each capacity provider which is liable to pay capacity provider penalty charges an invoice for the amount determined for it.3The amount payable by C under paragraph (2)(a) is the sum of—a MPSAim, as calculated under paragraph 6 of Schedule 1, for each capacity committed CMU for which C was registered on the capacity market register as the capacity provider for the whole of month M; andbC’s proportion of MPSAim, as calculated under paragraphs 6 and 8 of Schedule 1, for each capacity committed CMU for which C was registered on the capacity market register as the capacity provider for part of month M.3AThe percentages to be included in the capacity market register under regulation 31(2)(f) are—afor the annual penalty cap, 100%; andbfor the monthly penalty cap, 200%.4In paragraph (1), “settlement period penalty” means a penalty calculated under paragraph 5 of Schedule 1.421A person (“P”) is entitled to receive from the Settlement Body an over-delivery payment in respect of a delivery year (“year X”) if—aany capacity committed CMU (“CMU i”) for which P was the capacity provider over-delivered in any relevant settlement period in year X; orbP has made a qualifying delivery in any such settlement period.2For the purposes of this regulation—aCMU i over-delivers in a relevant settlement period j if AEij is greater than ALFCOij in that settlement period;bP makes a qualifying delivery in a relevant settlement period j if—iP was a qualified person (but not a capacity provider) in respect of a CMU (“CMU i”) during that period, andiiin that period, AEij is greater than zero;ca “qualified person” is a person who—ihas registered with the delivery body under capacity market rules in respect of a CMU for the purpose of participating in volume reallocation, andiiis an “acceptable transferee” within the meaning of capacity market rules; andd“volume reallocation” has the meaning given in regulation 39(5).3The Settlement Body must, by not later than the 28th working day after the end of year X—adetermine the amount, if any, of the payments payable to each person under this regulation in respect of year X; andbissue to each person who is entitled to such a payment a credit note for the amount determined for it.4The amount payable to P under paragraph (3)(a) is the sum of—aTODPix, as calculated in accordance with paragraph 7 of Schedule 1, for each CMU—ifor which P was registered on the capacity market register as the capacity provider for the whole of year X, oriiin respect of which P was a qualified person for the whole of year X; andbP’s proportion of TODPix, as calculated in accordance with paragraphs 7 and 8 of Schedule 1, for each CMU—ifor which P was registered on the capacity market register as the capacity provider for part of year X, oriiin respect of which P was a qualified person for part of year X.431A capacity provider must pay to the Settlement Body a termination fee, by way of a financial penalty, if—aa capacity agreement is terminated on a ground specified in capacity market rules; andbcapacity market rules specify that a termination fee is payable in the event of the capacity agreement being terminated on that ground.1AA termination fee is payable in accordance with paragraph (1) if the capacity agreement is terminated in accordance with capacity market rules, notwithstanding that the termination does not take effect until after the expiry of the delivery year, or period of delivery years, to which the capacity agreement relates (“the relevant period”).2The Settlement Body must, as soon as reasonably practicable after receiving notice of the termination of a capacity agreement on a ground for which a termination fee is payable—adetermine the amount in pounds of the termination fee that is payable; andbissue to the capacity provider an invoice for that amount.3Where capacity market rules specify that TFx is payable (for any value of x from x = 1 to x = 5), the amount must be determined in accordance with the formula—$$TF1=TF{1}_{rate}\times CO.$$4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5In this regulation—“CO” means the capacity obligation in MW for which the capacity agreement was issued, as specified in the capacity market register; “TFxrate” (for any value of x from x = 1 to x = 5) means the rate in pounds per MW determined in accordance with regulation 32 and specified on the capacity market register as the rate at which TFx is payable under the capacity agreement. 6In this regulation, references to the termination of a capacity agreement include references to the termination of a transferred part; and for that purpose—athe reference to the relevant period in paragraph (1A) is to be construed as a reference to the transfer period as defined in regulation 30A(1)(b); andb“CO” in paragraph (5) means the capacity obligation in MW comprised in that transferred part as specified on the capacity market register.43ZA1This regulation applies where—aa termination fee is payable by a DSR provider;bbefore that termination fee became payable, the Settlement Body had drawn down applicant credit cover provided by the DSR provider in accordance with regulation 60(3) or regulation 61(1)(a)(ii);cthe termination fee and the applicant credit cover relate to the same unproven demand side response CMU; anddeither—ithe termination fee and the applicant credit cover relate to the same capacity auction; oriithe termination fee relates to a capacity auction for which no further applicant credit cover was required to be provided because of regulation 59(1B).2The amount of the termination fee to be determined and invoiced under regulation 43 is reduced by the amount of the credit cover drawn down.43A1A capacity provider in respect of a new build interconnector CMU must pay to the Settlement Body a fee (a “non-completion fee”) by way of a financial penalty if, in circumstances specified for the purposes of this regulation by capacity market rules, the capacity provider fails to meet the completion requirements of the capacity agreement.2For the purposes of paragraph (1)—“completion requirements” are requirements to reach a level of operational capability specified in capacity market rules by the end of a delivery year;“new build interconnector CMU” means a prospective interconnector CMU which has not been commissioned.3The Settlement Body must, as soon as reasonably practicable after receiving notice in accordance with capacity market rules of the imposition of a non-completion fee—adetermine the amount in pounds of the non-completion fee that is payable; andbissue to the capacity provider an invoice for that amount.4Paragraphs (3) to (5) of regulation 43 apply to the determination of the amount of a non-completion fee as they apply to the determination of the amount of a termination fee.5For the purposes of this regulation, references in regulation 32(1)—ato a “termination fee” are to be construed as references to a non-completion fee; andbto termination on a ground specified in capacity market rules are to be construed as references to a failure to meet completion requirements in circumstances so specified.6Regulation 33 applies (except for paragraphs (2)(b), (3) and (5)(b)) to a non-completion notice as it applies to a termination notice, and for that purpose, a reference in regulation 33 to—aa “termination fee” is to be construed as a reference to a non-completion fee; andba “termination notice” is to be construed as a reference to a non-completion notice.43B1A capacity provider must repay capacity payments to the Settlement Body if—aa capacity agreement is terminated on a ground specified in capacity market rules; andbcapacity market rules specify that capacity payments are repayable in the event of the capacity agreement being terminated on that ground.2The Settlement Body must, as soon as reasonably practicable after receiving final notice of termination of the capacity agreement—adetermine the amount in pounds of the capacity payments that are repayable; andbissue to the capacity provider an invoice for that amount.3Where capacity market rules specify that capacity payments are repayable in respect of—athe period TP1, the capacity payments that must be repaid are those made in respect of the period beginning with the date of the termination notice and ending with the date of termination of the relevant capacity agreement;bthe period TP2, the capacity payments that must be repaid are those made in respect of the period beginning with the date of the termination event and ending with the date of termination of the relevant capacity agreement;cthe period TP3, the capacity payments that must be repaid are those made in respect of the period beginning with the date on which capacity payments began under the relevant capacity agreement and ending with the date of termination of the relevant capacity agreement ;dthe period TP4, the capacity payments that must be repaid are those made in respect of the period beginning on 1st October, and ending on 1st May, of the relevant delivery year.4In this regulation—a“final notice of termination” means a notice given by the Delivery Body in accordance with capacity market rules that the capacity agreement has terminated; andb“termination event” and “termination notice” have the meaning given in the Rules.5This regulation applies to the termination of a transferred part as it applies to the termination of a capacity agreement.43C1A capacity provider must repay capacity payments to the Settlement Body if—aa metering test certificate or DSR test certificate is, in accordance with capacity market rules, determined to be invalid on a ground specified in those rules; andbcapacity market rules specify that capacity payments are repayable in the event that a metering test certificate or DSR test certificate is determined to be invalid on that ground.2The Settlement Body must, as soon as reasonably practicable after the relevant date—adetermine the amount in pounds of the capacity payments that are repayable; andbissue to the capacity provider an invoice for that amount.3In paragraph (2) the “relevant date” means the date on which, in accordance with capacity market rules—ain the case of a metering test certificate, the certificate was determined by the Settlement Body to be invalid; orbin the case of a DSR test certificate, the Settlement Body received notice of the invalidity of the certificate.4Where capacity market rules specify that capacity payments are repayable in respect of—athe period MP1, the capacity payments that must be repaid are those made in respect of the period beginning with the relevant invalidation date and ending with the date on which the relevant metering recovery payment notice is issued;bthe period MP2, the capacity payments that must be repaid are those made in respect of the period beginning with the relevant invalidation date and ending with the date on which the relevant completion notice is issued;cthe period MP3, the capacity payments that must be repaid are those made in respect of the period beginning with the first day of the relevant delivery year and ending with the date on which the relevant metering recovery payment notice is issued.5In this regulation, “completion notice”, “invalidation date”, “metering recovery payment notice” and “metering test certificate” have the meaning given in the Rules.CHAPTER 344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CHAPTER 4451In this Chapter—“draw down” has the same meaning as it has in Part 7;“in default” means a failure to pay in full an invoiced amount by the end of the payment due date;“invoiced amount” means the total amount payable by a payer as stated in the invoice issued to that payer under regulation 41, 43 ... or 49A;“payer” , subject to regulation 47(7), means a person to whom an invoice is issued under regulation 41, 43 ... or 49A;“payment due date” means the day specified in an invoice in accordance with regulation 38(2) as the date by which it is to be paid.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .461A payer must pay the invoiced amount to the Settlement Body by no later than the end of the payment due date.2Where a payer has not paid in full the invoiced amount to the Settlement Body as required by paragraph (1), the payer must pay the Settlement Body simple interest at the rate specified in paragraph (4) (“late payment interest”) on the outstanding balance of the invoiced amount from and including the payment due date until the date of payment.3Where a payer disputes an invoiced amount under Chapter 2 of Part 10—aif the decision of the Settlement Body under that Part is that the invoiced amount is reduced but not extinguished, late payment interest accrues on the reduced amount from and including the payment due date until the date of payment;bif the decision of the Settlement Body under that Part is that the invoiced amount is extinguished, no late payment interest accrues in respect of the invoiced amount.4The rate at which late payment interest is payable is 5 per cent per annum over the Bank of England base rate in force on the 30th June (in respect of interest which starts to run between 1st July and 31st December) or the 31st December (in respect of interest which starts to run between 1st January and 30th June) immediately before the date on which the interest starts to run.5In paragraph (4), “Bank of England base rate” means—athe rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets; orbwhere an order under section 19 of the Bank of England Act 1998 is in force, any equivalent rate determined by the Treasury under that section.471The Settlement Body must maintain a register (“the non-payment register”) which is to include in respect of a payer (“P”) who has not paid an invoice by the end of the payment due date—athe name of P;bwhether P is an electricity supplier or a capacity provider;cthe type of invoice in respect of which P is in default;dthe payment due date;ethe date or dates when any payment has been made by P in respect of the invoice, and whether it is a full or partial payment; andfwhether P has given a disputes notice to the Settlement Body in respect of the invoice;gif P has given a disputes notice in respect of the invoice, whether the dispute has been determined under Chapter 2 of Part 10 and, if so, that determination.2The matters included on the non-payment register under paragraph (1) are a “relevant register entry” in relation to P.3The Settlement Body must—amake a relevant register entry as soon as possible after P is in default; andbupdate the relevant register entry if a payment is subsequently made, or a dispute is raised or determined.4The Settlement Body must remove a relevant register entry—aif it is determined under Chapter 2 of Part 10 that the payment is not due, as soon as reasonably practicable after the Settlement Body makes that determination;bin any other case, 12 months after the date on which P became in default.5The Settlement Body must publish the information contained in the non-payment register on a website.6The Settlement Body must retain the data contained in a relevant register entry for 5 years after the relevant register entry is made.7In this regulation, “payer” means a person to whom an invoice is issued under these Regulations or the Supplier Payment Regulations.48Subject to regulations 49 to 52, the Settlement Body must pay the amount due to—aeach capacity provider issued with a credit note for a capacity payment, by no later than the end of the 33rd working day after the end of the month to which the payment relates; andbeach capacity provider issued with a credit note for an over-delivery payment, by no later than the end of the 33rd working day after the end of the delivery year to which the payment relates.491This regulation applies if, at the time when a credit note is issued to a capacity provider (“C”) for a capacity payment, C is in default in respect of a capacity provider penalty charge (an “unpaid penalty charge”).2If this regulation applies—athe Settlement Body must ensure that the credit otherwise payable to C is reduced—iby the amount of the unpaid penalty charge;iito nil, if the amount of the unpaid penalty charge is equal to or greater than the amount of the credit; andbthe amount by which the credit is reduced is to be treated as a payment or part payment of the unpaid penalty charge.3The Settlement Body must ensure that the credit note issued to C states the amount by which the credit is reduced, and the reason for the reduction.49A1This paragraph applies if, before the time when a credit note is issued to a capacity provider (“C”) for a capacity payment, the Delivery Body has acknowledged receipt of a declaration under the Rules that—arelevant expenditure has been incurred, or is expected to be incurred; orbrelevant benefit has been received, or is expected to be received,in respect of the capacity committed CMU for which C is responsible (“CMU i”).2If paragraph (1) applies, the Settlement Body must ensure that the credit otherwise payable to C is reduced—aby the aggregate amount of any outstanding relevant expenditure and outstanding relevant benefit; orbto nil, if the aggregate amount of any outstanding relevant expenditure and outstanding relevant benefit is equal to or greater than the amount of the credit.3The Settlement Body must ensure that the credit note issued to C states the amount by which the credit is reduced, and the reason for the reduction.3AThis paragraph applies where—athe aggregate amount of any outstanding relevant expenditure and outstanding relevant benefit (“aggregate outstanding amount”) in respect of CMU i is greater than nil; andbthere are no further capacity payments in respect of CMU i which the Settlement Body would be required to reduce under paragraph (2) to offset this aggregate outstanding amount.3BWhere paragraph (3A) applies—aC is liable to pay to the Settlement Body an amount equal to the lesser of—ithe aggregate outstanding amount; oriithe total amount of all the capacity payments paid to C in respect of CMU i, less the amount of any repayment of these capacity payments by C to the Settlement Body under regulation 43B, 43C or 50; andbthe Settlement Body must, as soon as reasonably practicable after paragraph (3A) becomes applicable, issue to C an invoice for the amount C is liable to pay under sub-paragraph (a).4This regulation applies to a credit note or invoice issued in respect of a transferred part as it applies to a credit note or invoice issued in respect of a capacity agreement, and where a capacity agreement has been transferred pursuant to regulation 30A(1)(b) or (2)(b)—athe reduction in the amount payable to C pursuant to paragraph (2) is to be calculated so that it is proportionate to the period and part of the capacity obligation held by C during the month to which the credit note relates; andbthe aggregate outstanding amount attributable to C under paragraph (3B)(a) is to be determined by adjusting this amount so that it is proportionate to the period and part of the capacity obligation held by C throughout the duration of the capacity agreement.5In this regulation— “outstanding relevant benefit” means relevant benefit that has not been deducted from capacity payments pursuant to this regulation;“outstanding relevant expenditure” means relevant expenditure that has not been deducted from capacity payments pursuant to this regulation; and “relevant benefit” has the meaning given in the Rules.“relevant expenditure” has the meaning given in the Rules.501This regulation applies in relation to a capacity committed CMU (“CMU i”) and a delivery year (“year X”) if—aa satisfactory performance requirement applies in respect of CMU i in year X; andbthe requirement has not been met by 30th April in year X.2If, by the end of a relevant month, the capacity provider in respect of CMU i (“C”) has not complied with the satisfactory performance requirement, no monthly capacity payment is to be paid in respect of CMU i for that month.2AIf C complies with the satisfactory performance requirement during May in year X, no monthly capacity payment is to be paid in respect of CMU i for that month.3If C complies with the satisfactory performance requirement during a relevant month other than May, the Settlement Body must ensure that the credit which would otherwise be payable to C in respect of the monthly capacity payment for CMU i for that month is reduced by the proportion $\raisebox{1ex}{$A$}\!\left/ \!\raisebox{-1ex}{$B$}\right.$, where—aA is the number of days in the relevant month before the day on which C complies with the satisfactory performance requirement; andbB is the number of days in the relevant month.4If C has not complied with the satisfactory performance requirement by the end of year X—aC must repay to the Settlement Body all capacity payments made in respect of CMU i and year X less the total amount of any capacity provider penalty charges that C has paid in respect of CMU i and year X; andbthe Settlement Body must, as soon as reasonably practicable after the end of year X, issue an invoice to C for the amount due under sub-paragraph (a).5The Settlement Body must—aif paragraph (2) or paragraph (2A) applies, give a notice to C which states that no monthly capacity payment is to be paid in respect of CMU i for the relevant month, and states the reason;bif paragraph (3) applies, ensure that the credit note issued to C for the relevant month states the amount by which the credit is reduced, and states the reason;cif paragraph (4) applies, ensure that the invoice issued to C under paragraph (4)(b) states the reason for the issue of the invoice.6In this regulation— “extended performance” has the meaning given in the Rules;“relevant month” means May, June, July, August or September in year X;“satisfactory performance day” has the meaning given in the Rules;“satisfactory performance requirement” means a requirement in capacity market rules for a capacity provider to demonstrate satisfactory performance days or extend performance during a satisfactory performance day in respect of a capacity committed CMU.511This regulation applies where, at the time when a credit note is issued to a capacity provider (“C”) under this Part—aC is subject to a data default notice; orbthe Settlement Body is aware that C is insolvent.2The Settlement Body must ensure that—athe credit is withheld; andbthe credit note states that the payment is to be withheld and states the reason why.3In this regulation, “data default notice” has the meaning given by regulation 37(1).521Paragraphs (2) and (3) apply where a credit is withheld from a capacity provider (“C”) under regulation 51.2If, where the credit is withheld for the reason in regulation 51(1)(b), an invoice is due to be issued to C, the Settlement Body may deduct all or part of the withheld credit from the amount invoiced, and the amount so deducted is to be treated as having been paid to C.3Except where the withheld credit has been deducted from an invoice in accordance with paragraph (2), the Settlement Body must pay the withheld credit on the next occasion which the Settlement Body considers practicable when—acredit payments are made under this Part; andbthe Settlement Body is not required to withhold a credit from C under regulation 51.PART 7CHAPTER 1531This Part applies to a person who—ahas applied to prequalify for a capacity auction; andbreceives a notice from the Delivery Body under capacity market rules (a “conditional prequalification notice”) that it has prequalified in respect of that CMU subject to satisfying the requirements of this Part.2In this Part, “A” means a person who is required to provide credit cover.3In this Part—“applicant credit cover” means credit cover provided, or required to be provided, by a person to which this Part applies;“credit cover” means a letter of credit or cash deposit which meets the requirements in regulation 54;“credit obligation period” means the period for which, under regulation 60, A is required to provide credit cover;“draw down” means—in relation to a cash deposit in a bank account, the withdrawal of funds from the account by the Settlement Body;in relation to a letter of credit, the payment of funds by the issuing bank to the Settlement Body further to a notice of drawing;“letter of credit” means a letter, in a form approved by the Settlement Body, which contains an irrevocable and unconditional authorisation in favour of the Settlement Body to be paid on demand up to an amount stated in the letter from an account held at a qualifying bank at any time during a period specified in the letter;“notice of drawing” means a notice signed by or on behalf of the Settlement Body demanding payment under a letter of credit;“qualifying bank” means—a United Kingdom clearing bank;any other bank which has a long term debt rating of—not less than A– by Standard & Poor's ; ornot less than A3 by Moody's ; orsuch other bank as the Settlement Body may approve;“the required amount” means the amount of credit cover which A is required to provide, as determined in accordance with regulation 59(1) or (4) or, if applicable, regulation 60(2).4In this Part, references to a prospective generating CMU are to be treated as including any generating CMU in respect of which a bidder is awarded, or an applicant pre-qualifies to bid for, a multi-year capacity obligation in a T-4 auction held on or before 31st July 2016.5In paragraph (3), in the definition of “qualifying bank”—“Moody's” means the corporation known as Moody's Investors Service, Inc, incorporated in the US State of Delaware with the file number 0577904;“Standard & Poor's” means the corporation known as Standard & Poor's Corporation, incorporated in the US State of Delaware with the file number 4621989.541A person who is under an obligation to provide credit cover must do so—afor at least the required amount; andbin a permissible form (or partly in one permissible form and partly in the other).2The following are permissible forms of credit cover—aa letter of credit which meets the conditions in paragraph (3);ba cash deposit in a bank account specified by the Settlement Body in accordance with paragraph (4).3The conditions in this paragraph are that the letter of credit is—aissued by a qualifying bank;bin sterling;cavailable for payment at a London branch of the issuing bank against a notice of drawing delivered by the Settlement Body; anddvalid—iat least until the end of the credit obligation period; oriiif the credit obligation period is more than 6 months, for a period of not less than 6 months.4A bank account specified by the Settlement Body for the purpose of paragraph (2)(b) must—abe an interest bearing account in the name of the Settlement Body;bbe used only for the purpose of holding credit cover provided under these Regulations; andcbe an account the funds in which may only be withdrawn by or on behalf of the Settlement Body.551When credit cover is provided by A, the Settlement Body must—adetermine whether the credit cover is—iapproved in full;iiapproved in part and not approved in part; oriiinot approved; andbgive a notice to A of its determination.2The Settlement Body must approve credit cover if it meets the requirements in regulation 54, and must not approve it otherwise.3The notice under paragraph (1)(b) must be given—ain the case of additional credit cover provided by A under regulation 56(2), not later than 2 working days after the additional credit cover is provided; andbin any other case, not later than 15 working days after the credit cover is provided.561A must maintain credit cover equal to or more than the required amount at all times during the credit obligation period.2If the Settlement Body gives notice to A that any credit cover provided by A is not approved, A must within 5 working days provide additional credit cover so that the total amount of credit cover provided (excluding credit cover which is not approved or has been drawn down) is equal to or more than the required amount.3Where a letter of credit which A has provided as credit cover is due to expire on a date before the end of the credit obligation period (“the expiry date”), A must, not later than 10 working days before the expiry date, provide to the Settlement Body—awritten confirmation from the issuing bank that the letter of credit will be extended by a further period of not less than—i6 months; oriithe remaining duration of the credit obligation period, if less; orbreplacement credit cover.3AIf A does not comply with paragraph (3)—athe Settlement Body may immediately draw down on the letter of credit to the full amount stated in the letter of credit and on receipt of funds from the paying bank place the funds in a bank account which satisfies the conditions in regulation 54(4); andbfunds placed in a bank account under sub-paragraph (a) shall be treated as credit cover provided by A.4A may at any time during the credit obligation period provide additional credit cover, whether or not A needs to provide the additional credit cover in order to comply with paragraphs (1) to (3).571If A becomes aware that the bank issuing the letter of credit ceases to be a qualifying bank (a “ downgrade ”), then A must give notice to the Settlement Body as soon as it becomes so aware.2If the Settlement Body becomes aware of a downgrade, the Settlement Body may give notice to A to that effect.3A must within 10 working days of the giving of such notice by the Settlement Body or A, whichever is the earlier, provide replacement credit cover so that the total amount of credit cover provided which conforms with regulation 54 is equal to or more than the secured amount.4If A does not comply with paragraph (3)—athe Settlement Body may immediately draw down on the letter of credit to the full amount stated in the letter of credit and on receipt of funds from the paying bank place the funds in a bank account which satisfies the conditions in regulation 54(4); andbfunds placed in a bank account under sub-paragraph (a) shall continue to be treated as credit cover provided by A.581This paragraph applies if A has provided credit cover and one of the following circumstances applies—aA is no longer required, under regulation 60, to maintain any credit cover;bA has provided further credit cover under regulation 57(3) to replace the credit cover previously provided, and the Settlement Body has approved the replacement credit cover; orcthe amount of credit cover provided by A and approved by the Settlement Body exceeds the required amount.2Where paragraph (1) applies—aA may, by giving notice in writing to the Settlement Body, request the Settlement Body to release—iif paragraph (1)(a) applies, all or part of the credit cover;iiif paragraph (1)(b) applies, the credit cover that has been replaced;iiiif paragraph (1)(c) applies, an amount of credit cover not exceeding the amount by which the credit cover referred to in paragraph (1)(c) exceeds the required amount; andbthe Settlement Body must release that amount of credit cover as soon as reasonably practicable.3Credit cover is released—ain the case of a cash deposit, by repaying the principal to A; andbin the case of a letter of credit, by issuing notice to A confirming that the letter of credit is no longer required.CHAPTER 2591Subject to paragraph (1B), an applicant to prequalify for a capacity auction in respect of a CMU (“CMU i”) must, if the applicant receives from the Delivery Body a conditional prequalification notice under capacity market rules, provide applicant credit cover in the amount determined in accordance with paragraph (2).1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1BWhere an applicant provides applicant credit cover for a capacity auction in respect of an unproven demand side response CMU or an interconnector CMU, the applicant is not required to provide further applicant credit cover for any subsequent capacity auction in respect of that CMU except in circumstances specified in capacity market rules.2Subject to paragraph (2C), the amount of applicant credit cover to be provided is—ain the case of an application to prequalify for a T-4 auction or a T-1 auction—i subject to paragraph (ia), if CMU i is an unproven demand side response CMU, an amount equal to £5,000 per MW of the de-rated capacity of CMU i; ...iaif CMU i is an unproven demand side response CMU, in respect of which the applicant has applied to prequalify to bid for a multi-year capacity obligation and has not yet met the requirements for DSR partial credit cover release in accordance with the Rules, an amount equal to £10,000 per MW of the de-rated capacity of CMU i; andiiif CMU i is not an unproven demand side response CMU, an amount equal to £10,000 per MW of the de-rated capacity of CMU i;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2CThe applicant credit cover provided under paragraph (1) must, where an applicant which applied to prequalify to bid for a multi-year capacity obligation in respect of an unproven demand side response CMU has met the requirements for DSR partial credit cover release in accordance with the Rules, be reduced to an amount equal to £5,000 per MW of the de-rated capacity of the CMU.3If A is required to provide credit cover under paragraph (1), A must do so within 15 working days after receiving the conditional prequalification notice.4In circumstances specified in capacity market rules, the applicant credit cover provided under paragraph (1) in respect of a new build CMU must, where twelve months have elapsed after auction results day, be increased by the capacity provider to an amount equal to £15,000 per MW of de-rated capacity.5The increased credit cover required to be provided under paragraph (4) must be provided within 15 working days after the end of that twelve-month period.6For the purposes of paragraph (4)—a“new build CMU” has the meaning given in the Rules; andb“auction results day” means the date on which the auction results are published under regulation 25(1)(c).7In this regulation, “DSR partial credit cover release” has the meaning given in the Rules.601Where A provides applicant credit cover in respect of a CMU (“CMU i”), A must maintain credit cover in the amount calculated in accordance with regulation 59 until the earliest of the following events has occurred—awhere CMU i is an unproven demand side response CMU, the de-rated capacity for CMU i becomes, in accordance with capacity market rules, less than the product (in MW to three decimal places) of the unproven DSR capacity of CMU i and the de-rating factor;bwhere A is required by capacity market rules to provide confirmation to the Delivery Body of its intention to bid in the capacity auction in respect of CMU i, it does not provide such confirmation within the time required by capacity market rules;bawhere A is required by capacity market rules to provide a notice of confirmation or other document as a requirement for being eligible to bid in the capacity auction in respect of CMU i, it does not do so within the time required by capacity market rules;cthe capacity auction is—icancelled; oriipostponed or stopped, and rearranged, and A gives notice to the Delivery Body (where permitted to do so by capacity market rules) that it does not intend to bid in the rearranged auction in respect of CMU i;dA is unsuccessful in its bid at the capacity auction in respect of CMU i;eA has transferred its capacity agreement in respect of CMU i to another person in accordance with capacity market rules and the transferee has provided replacement credit cover which the Settlement Body has approved;fwhere CMU i is a demand side response CMU, A has in accordance with capacity market rules provided to the Delivery Body a DSR test certificate which evidences—ia proven DSR capacity equal to or greater than CMU i’s de-rated capacity; oriia proven DSR capacity less than CMU i’s de-rated capacity, but equal to or greater than 90% of that capacity;gsave where CMU i is an unproven demand side response CMU, A has fully discharged all the requirements in capacity market rules against which its applicant credit cover was secured, and which a failure to meet would result in its capacity agreement being terminated under capacity market rules;gawhere CMU i is a generating CMU, the Delivery Body has terminated the capacity agreement in respect of CMU i—iunder regulation 34(1); oriiunder regulation 34A(3);hthe credit cover is drawn down under regulation 61.2Where paragraph (1)(a) applies, A must thereafter maintain credit cover—afor a T-4 or a T-1 auction, in an amount equal to £5,000 per MW of the amount of the de-rated capacity of CMU i, ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .until the earliest of the events in sub-paragraphs (b) to (h) of paragraph (1) has occurred.3Where paragraph (1)(f)(ii) applies—athe Settlement Body must draw down part of the credit cover calculated in accordance with paragraph (5); andbthe applicant must maintain credit cover in the amount so calculated until it has been drawn down, but is no longer required to maintain the remainder of the credit cover.4Where any other sub-paragraph of paragraph (1) applies, the applicant is no longer required to maintain any credit cover.5The amount of credit cover to be drawn down under paragraph (3)(a) (“DD”) must be calculated in accordance with the formula—DD=RA×UC−PCUC.6In paragraph (5)— “DC” means CMU i’s de-rated capacity;“PC” means CMU i’s proven DSR capacity;“RA” means the required amount for CMU i as calculated under regulation 59;...7In this regulation “the capacity auction” means the capacity auction in relation to which applicant credit cover has been provided in respect of CMU i.611The Settlement Body must draw down applicant credit cover provided by A in respect of a CMU (“CMU i”) if—awhere CMU i is an unproven demand side response CMU—ithe credit obligation period has not ended by the date on which the delivery year of A's capacity agreement in respect of CMU i commences; oriithe Settlement Body receives a notice from the Delivery Body that A has provided a DSR test certificate which evidences a proven DSR capacity less than 90% of CMU i's de-rated capacity;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cpayment of a termination fee or non-completion fee has become due pursuant to an invoice issued under regulation 43 or 43A, and the termination fee or non-completion fee is unpaid.2Where the Settlement Body is required to drawn down applicant credit cover—aunder sub-paragraph (a)(i) ... of paragraph (1), it must do so within 60 days from the date specified in that sub-paragraph;bunder sub-paragraph (a)(ii) of paragraph (1), it must do so within 60 days from the date on which the Settlement Body receives the notice referred to in that sub-paragraph;cunder sub-paragraph (c) of paragraph (1), it must do so as soon as reasonably practicable after the date on which payment of the termination fee or non-completion fee becomes due.3Subject to paragraph (4), applicant credit cover which is drawn down in accordance with this regulation is forfeited by A.4If, after applicant credit cover has been drawn down, it is determined under Chapter 2 of Part 10 that the credit cover should not have been drawn down, the Settlement Body must pay to A the amount of the credit cover that was wrongly drawn down.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62A may not bid in a capacity auction in respect of a CMU for which applicant credit cover is required, if A has not complied with this Part in relation to the provision of applicant credit cover in respect of that CMU.PART 8631The Secretary of State may, for the purpose of any review of the capacity market under regulation 81, require—aan administrative party;ban electricity supplier; orcthe owner of a CMU (whether or not a capacity provider),to provide the Secretary of State with any specified information.2The Authority may, for the purpose of exercising its functions under regulation 82 or 83, require—aan administrative party;ban electricity supplier; orcthe owner of a CMU (whether or not a capacity provider),to provide the Authority with any specified information.3A person appointed under capacity market rules as an auction monitor may require—aany bidder in a capacity auction;bthe Delivery Body; orcthe auctioneer,to provide it with any specified information relating to the conduct of a capacity auction.4Any requirement on a person to provide information under this regulation must be made by giving notice to the person in writing; and references in this regulation to “specified information” mean information specified in such a notice.5Any person on whom a requirement is made under this regulation must, subject to regulation 64, comply with the requirement as soon as reasonably practicable.641A person may not be required under these Regulations or capacity market rules to produce, disclose or permit the inspection of protected items.2In paragraph (1) “protected items” means—acommunications between a professional legal adviser (“LA”) and LA's client or any person representing LA's client which fall within paragraph (3);bcommunications between LA, LA's client or any person representing LA's client and any other person which fall within paragraph (3) (as a result of sub-paragraph (b) of that paragraph);citems which—iare enclosed with, or referred to in, such communications;iifall within paragraph (3); andiiiare in the possession of a person entitled to possession of them.3A communication or item falls within this paragraph if it is made—ain connection with the giving of legal advice to the client; orbin connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.4A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.651A person who, by virtue of these Regulations or capacity market rules, has obtained information which relates to the affairs of any individual or to any particular business (“protected information”) must not except as provided in paragraphs (2) to (4)—ause that information for any purpose other than—iparticipating in the capacity market;iiexercising capacity market functions; oriiiproviding services to a person exercising capacity market functions; orbdisclose that information.2Paragraph (1) does not prohibit a use or disclosure of protected information which is—amade with the consent of the person to whom the information relates; orbrequired by—ian enactment (including capacity market rules);iiauction guidelines;iiia licence condition (where the person using or disclosing the information is a licence holder);iva condition of an industry code to which the person using or disclosing the information is a party; orv an assimilated obligation.3Paragraph (1) does not prohibit the use of protected information—aby the Secretary of State, the Authority or the Delivery Body, for the purpose of exercising any EMR functions;bby the Authority, for the purpose of exercising any other statutory functions; orcwhere the Delivery Body is the national system operator, by the national system operator for the purpose of exercising its functions, to the extent that the use of the information is permitted by the conditions of the national system operator's transmission licence.4Paragraph (1) does not prohibit the disclosure of protected information—ato a person exercising capacity market functions, to the extent that the disclosure is required to enable that person to carry out those functions;bby an administrative party to any public authority exercising any functions in relation to competition law, to the extent that the disclosure is required to enable that authority to carry out those functions in relation to the capacity market;cby an administrative party to a person providing services to it in connection with its performance of capacity market functions, to the extent that the disclosure is required to enable that person to provide those services;dwhich is already publicly available (other than by reason of a breach of this regulation); orein accordance with an order of a court.5In this regulation—“capacity market functions” means functions conferred by or by virtue of Chapter 3 of Part 2 of the Act;“EMR functions” means functions conferred by or by virtue of Chapter 2, 3 or 4 of Part 2 of the Act;...“licence” means a licence under section 6 of EA 1989.66Section 33(3) of the Act applies in relation to a disclosure of information required by virtue of capacity market rules.PART 9671The following requirements are enforceable by the Authority as if they were relevant requirements on a regulated person for the purposes of section 25 of EA 1989 —athe duties and prohibitions in Part 8 (information), except in so far as they apply to the Secretary of State or the Authority;bany other requirement to which any person other than the Secretary of State, the Authority or the Settlement Body is subject under these Regulations , the Supplier Payment Regulations or capacity market rules.2For the avoidance of doubt, paragraph (1) applies whether or not the person on whom a requirement is imposed is in fact a regulated person within the meaning of EA 1989.PART 10CHAPTER 1681In this Chapter, a “delivery body reviewable decision” means a decision by the Delivery Body under capacity market rules of a kind specified in the first column of the following table.2A dispute or appeal in relation to a delivery body reviewable decision may only be brought—aby a person specified in the corresponding entry in the second column of the table (an “affected person”); andbin accordance with this Chapter.DecisionPerson who may bring dispute or appealA prequalification decision.The applicant or secondary trading entrant in relation to whom the decision has been made.A refusal of a request for rectification of the capacity market register on the basis of factual inaccuracy.The person who made a request for rectification in accordance with capacity market rules.A refusal of a request to amend a capacity agreement notice on the basis of factual inaccuracy.The capacity provider to whom a capacity agreement notice has been issued, and who has made a request to amend it in accordance with capacity market rules.The issue of a non-completion notice, a termination notice, or a notice of intention to terminate a capacity agreement or a transferred part.The capacity provider to whom the notice has been issued. A low emissions determinationThe capacity provider to whom the notice of the determination was given The issue of a CCS CFD transfer refusal notice. The capacity provider who made a request for termination and to whom the notice has been issued.3In the table in paragraph (2), “CCS CFD transfer refusal notice”, “secondary trading entrant” , “termination notice” and “notice of intention to terminate” have the meaning given in the Rules.691An affected person may request the Delivery Body to review a delivery body reviewable decision.2The request must—abe submitted in writing to the Delivery Body within 5 working days after receiving notice of the decision; andbinclude each of the matters specified in sub-paragraphs (a) to (e) of regulation 70(3).3If the Delivery Body receives a request which complies with paragraph (2), within 20 working days of giving notice of the decision it must—areconsider the matter; andbgive notice to the affected person of—ithe outcome of the reconsideration (the “reconsidered decision”); andiithe reasons for the reconsidered decision.4The Delivery Body must, within 5 working days after receiving a request which does not comply with paragraph (2), give notice to the affected person that the request is rejected as not complying with that paragraph, and give the reason why.5Subject to paragraph (5A) ... in reconsidering a prequalification decision or a decision to issue a termination notice or a notice of intention to terminate or a decision to issue a CCS CFD transfer refusal notice, the Delivery Body must not take into account any information or evidence which—athe affected person was required by these Regulations or capacity market rules to provide to the Delivery Body before the decision was taken; andbthe affected person failed to provide in accordance with that requirement.5AIn reconsidering a prequalification decision or a decision to issue a CCS CFD transfer refusal notice, the Delivery Body may take into account information or evidence if the Delivery Body determines that:athe relevant application for prequalification or a CCS CFD transfer notice contained a non-material error or omission; andbthe information or evidence is capable of rectifying such non-material error or omission.6Subject to regulations 70 to 72, the reconsidered decision is final.7In this regulation—“non-material error or omission” means an error or omission in an application for prequalification or a CCS CFD transfer notice which is—manifest, and either inadvertent or the result of an honest mistake;clerical, typographical or trivial in nature; ordetermined by the Delivery Body to be inconsequential to the affected person’s compliance with, or the enforcement of, any requirement in these Regulations or the Rules to which the error or omission relates.701An affected person who has, in accordance with regulation 69(2), made a request to the Delivery Body to review a delivery body reviewable decision, may appeal to the Authority if—athe affected person disputes the reconsidered decision; orbthe request for reconsideration was rejected by the Delivery Body on the ground that it did not comply with regulation 69(2).2An appeal under paragraph (1) must be made by submitting an appeal notice to the Authority within 5 working days after the date on which the affected person received the notice from the Delivery Body under regulation 69(3) or (4).3An appeal notice must contain—aa concise statement identifying the relevant part of the delivery body reviewable decision in dispute;ba concise statement of the facts on which the affected person relies;ca summary of the grounds for disputing the delivery body reviewable decision;da succinct presentation of the arguments supporting each of the grounds for dispute; andea schedule listing the documents submitted with the appeal notice.4The appeal notice must be accompanied by—aa copy of—ithe notice given by the Delivery Body under regulation 69(3) or (4);iithe request made to the Delivery Body for reconsideration; andiiiany information or evidence submitted to the Delivery Body in support of that request;bin the case of an appeal relating to a prequalification decision, a copy of—ithe prequalification decision; ...iiany information or documents provided by the affected person to the Delivery Body as part of the application for prequalification which are relevant to the matter in dispute; and iiiany information or evidence submitted in accordance with regulation 69(5A);cin the case of an appeal relating to a termination notice , a CCS CFD transfer refusal notice or a notice of intention to terminate, a copy of—ithe notice; andiiany information or documents provided by the affected person to the Delivery Body before the notice was issued, which are relevant to the matter in dispute; ...cain the case of an appeal relating to a low emissions determination, a copy of—ithe notice setting out the determination; andiiany notice that the Rules required to be given before the low emissions determination was made; anddany other documentary evidence which the affected person wishes to rely on in support of the appeal and which—iwas provided to the Delivery Body before the reconsidered decision was made; oriiis needed to show what evidence was before the Delivery Body when the reconsidered decision was made.5Where a request for reconsideration was rejected by the Delivery Body on the ground that it did not comply with regulation 69(2), the affected person may submit evidence to the Authority that the request did comply with that regulation.6Except as provided in paragraphs (4) and (5), no other documentary evidence may be included in or submitted with the appeal notice.711The Authority—amust notify the Delivery Body when it receives an appeal notice under regulation 70; andbmay request the Delivery Body to provide it with any information relating to the disputed decision which the Authority considers necessary to enable it to determine the appeal.2The Delivery Body must provide to the Authority such of the information requested under paragraph (1)(b) as it holds within 5 working days of receiving the Authority's request.3Upon receiving an appeal notice which complies with regulation 70, and any information requested from the Delivery Body, the Authority must—asubject to paragraph (4), review the reconsidered decision;bdetermine whether the reconsidered decision was correct on the basis of the information which the Delivery Body had when it made the decision.4In a determination under paragraph (3)(b)—athe Authority must uphold the reconsidered decision if the Authority determines that it was correct on the basis described in paragraph (3)(b);bif the Authority determines that the Delivery Body incorrectly decided not to prequalify the applicant for a capacity auction in respect of a CMU, it must direct the Delivery Body to register the CMU on the capacity market register as a prequalified CMU (in which case regulation 73 applies);cin any other case, if the Authority determines that the Delivery Body's decision was incorrect it must substitute the decision that it considers the Delivery Body should have made.5The Authority must give notice of its determination to the affected person, the Delivery Body and the Settlement Body.6The Authority may, to assist it in determining an appeal, appoint a person independent of the Delivery Body and the affected person to consider the appeal or any matter relating to it and provide a report to the Authority; but the Authority remains responsible for determining the appeal.7If the Authority determines that the Delivery Body incorrectly rejected a request for reconsideration of a decision as mentioned in regulation 70(5)—athe Authority must remit the request to the Delivery Body and direct the Delivery Body to reconsider the decision in accordance with regulation 69; andbthe Delivery Body must comply with the direction.721An affected person may appeal to the court against a determination under regulation 71.2In paragraph (1), “the court” means—athe High Court; orbin Scotland, the Court of Session.3An appeal under paragraph (1)—amay only be made on a point of law; andbmust be brought within 28 days after the date of the determination.4On an appeal relating to a prequalification decision in respect of a CMU the court may—adismiss the appeal;bdirect the Delivery Body to register the CMU on the capacity market register as a prequalified CMU (in which case regulation 73 applies); orcremit the matter to the Delivery Body with a direction to reconsider it and make a new decision in accordance with the findings of the court.5On an appeal relating to any other decision, the court may—adismiss the appeal; orbremit the matter to the Delivery Body with a direction to reconsider it and make a new decision in accordance with the findings of the court.6The court may not—aorder a capacity auction to be cancelled, postponed or suspended pending the determination of an appeal; orbmake an order which affects the validity or terms of a capacity agreement that has accrued to any person other than the appellant.731Paragraph (2) applies if the Delivery Body—amakes a reconsidered decision under regulation 69;breceives notice of a decision of the Authority or the court under this Chapter; orcmakes a redetermination pursuant to a direction by the Authority or the court under this Chapter.2The Delivery Body must as soon as reasonably practicable—amake any amendment to the capacity market register required by, or in consequence of, the decision or redetermination; andbgive notice to the affected person of any amendment made to the capacity market register.3Paragraphs (4) to (7) apply if, pursuant to paragraph (2)(a), the Delivery Body registers a CMU on the capacity market register as a prequalified CMU.4If the registration is made not less than 11 working days before the start of the relevant capacity auction, the Delivery Body must permit the applicant to bid in the capacity auction in respect of the CMU.5If—athe registration is made after, or less than 11 working days before, the start of the relevant capacity auction; andbthe capacity auction is held and is not annulled,the Delivery Body must offer to the applicant a capacity agreement in respect of the CMU on terms in accordance with paragraph (6).6A capacity agreement offered under paragraph (5) must be—aat the capacity cleared price which would have applied to the CMU if a successful bid had been made in the relevant capacity auction in respect of the CMU;bfor—ithe de-rated capacity of the CMU (which, if not previously determined, must be determined by the Delivery Body in accordance with capacity market rules); ...ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cfor the number of delivery years which it appears to the Delivery Body that the applicant is entitled to a capacity agreement under capacity market rules.6AIn the case of a demand side response CMU, the applicant may nominate in accordance with capacity market rules the capacity in respect of which it wishes to be offered a capacity agreement and, where it does so—athat is the capacity which is to be used to determine the de-rated capacity of the CMU for the purposes of paragraph (6)(b), andbthe de-rated capacity so determined is the de-rated capacity which applies for the purposes of regulations 32 and 60.7An applicant which receives an offer of a capacity agreement under paragraph (5)—amust within 5 working days give notice to the Delivery Body of whether it accepts the offer; andbis not entitled to any other remedy if it does not accept the offer within that time.CHAPTER 2741Subject to paragraph (2), a disputing party may use the procedure in this Chapter to dispute any calculation or determination made by the Settlement Body under Part 6 or 7.2The procedure in this Chapter may not be used to dispute the correctness of any data used in making a calculation or determination, which has been provided to the Settlement Body by another person under these Regulations or capacity market rules, except for non-BSC data provided by a capacity provider.3In this Chapter, “disputing party” means, as appropriate, a supplier or a capacity provider.4In paragraph (2), “non-BSC data” means data provided by or on behalf of a capacity provider which is not provided under the Balancing and Settlement Code, irrespective of whether the capacity provider is a party to the Balancing and Settlement Code.751A disputing party may give a notice (“a disputes notice”) to the Settlement Body of a dispute.2A disputes notice must—aset out the matters giving rise to the dispute and the outcome sought by the disputing party; andbbe given not later than 28 days after the disputing party receives notice of the calculation or determination giving rise to the dispute.761After receiving a disputes notice which complies with regulation 75(2), the Settlement Body must, subject to paragraph (2), review the disputed calculation or determination, and decide whether to uphold it or to substitute a different calculation or determination.2The Settlement Body may, to assist in determining a dispute, appoint an independent person to consider the matter in dispute and provide a report on the matter, or an audit of any disputed calculation.3The Settlement Body must, as soon as reasonably practicable after receiving a disputes notice, give notice to the disputing party whether it—ais considering the disputed matter;bhas appointed an independent person to consider the disputed matter under paragraph (2); orchas rejected the disputes notice on the ground that it does not comply with regulation 75(2).4The Settlement Body must determine a dispute—awhere it commissions a report or audit under paragraph (2), not later than 28 days after receiving the report or audit; andbin any other case, not later than 28 days after receiving the disputes notice.5The Settlement Body must as soon as reasonably practicable after determining a dispute give a notice to the disputing party of its decision and the reason for that decision.6The references in this regulation to “an independent person” include a panel of persons, either—aestablished under an industry code; orbappointed by the Settlement Body for the purpose of considering disputes under this Chapter,provided that all the panel members who consider the dispute are independent from the Settlement Body and the disputing party.PART 11771The Authority may make capacity market rules about the operation and administration of the capacity market.2The power in paragraph (1)—aincludes power to amend, add to, revoke or substitute any provision of the Rules; andbincludes power to specify that an obligation in capacity market rules made by the Authority is enforceable as if it were a relevant requirement on a regulated person for the purposes of section 25 of EA 1989 (whether or not the person on whom a requirement is imposed is in fact a regulated person within the meaning of EA 1989).3But the Authority must not—amake any provision in capacity market rules which is inconsistent with these Regulations or the Supplier Payment Regulations; orbexcept with the approval of the Secretary of State, make, amend or revoke any provision in capacity market rules which confers functions on—ithe Secretary of State; oriithe Authority.78The Authority must when making capacity market rules, in addition to having regard to its principal objective and general duties, have regard to the following objectives—apromoting investment in capacity to ensure security of electricity supply;bfacilitating the efficient operation and administration of the capacity market;censuring the compatibility of capacity market rules with other subordinate legislation under Part 2 of the Act.791Before making capacity market rules the Authority must consult—athe Secretary of State;bthe Delivery Body;cany person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 89;dany person who is a capacity provider; andesuch other persons as the Authority considers it appropriate to consult.2Paragraph (3) applies where any proposal to amend a provision of capacity market rules is made to the Authority by—aa person mentioned in paragraph (1)(a) to (d);ban applicant, or a person wishing to apply to bid in a capacity auction; orca representative body representing persons mentioned in paragraph (1)(c) or (d) or any other class of persons which, in the Authority's opinion, has a sufficient interest in the capacity market.3The Authority must—aconsider the proposal; andbeither—iconsult in accordance with paragraph (1) on whether to make the proposed amendment; oriipublish its reasons for rejecting the proposal without consulting on it.PART 12801The Secretary of State must, as soon as reasonably practicable after this regulation comes into force, appoint a person to be the Settlement Body.2The Secretary of State may terminate the appointment of a person as Settlement Body.3If the Secretary of State terminates the appointment of a person (“A”) as Settlement Body, the Secretary of State must—aas soon as reasonably practicable, appoint another person (“B”) to that position; andbmake arrangements to ensure that any funds held by A under these Regulations or the Supplier Payment Regulations are transferred to B.4The Secretary of State must give notice to—aeach capacity provider;beach electricity supplier; andcthe other administrative parties,of an appointment, or the termination of an appointment, under paragraph (1), (2) or (3)(a).811The Secretary of State must from time to time—acarry out a review of—ithese Regulations and the Supplier Payment Regulations; ...ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bset out the conclusions in a report; andcpublish the report.2The report must in particular—aset out the objectives intended to be achieved by these Regulations and the Supplier Payment Regulations;bassess the extent to which those objectives are achieved; andcassess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.3The first report under this regulation must be published before the end of the period of five years beginning with the date on which these Regulations come into force.4Reports under this regulation are, after the first report, to be published at intervals not exceeding five years.5In carrying out the review under paragraph (1)(a), the Secretary of State must take account of any reports published by the Authority under regulation 82 or provided to the Secretary of State under regulation 83.821The Authority and the Secretary of State must each from time to time, in accordance with capacity market rules—acarry out a review of capacity market rules;bset out the conclusions in a report; andcpublish the report.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .831The Authority must—aprovide the Secretary of State with an annual report on—ithe operation of the capacity market; andiithe Delivery Body's performance of its functions in relation to the capacity market; andbpublish the report.2The annual report must also include a report on any particular matters specified in a notice given by the Secretary of State to the Authority.3The Secretary of State must give any notice to the Authority under paragraph (2) not later than 3 months before the date by which the Authority is required to provide the annual report.4The first report under this regulation must be provided to the Secretary of State by no later than 6 months after the completion of the first capacity auction.5Reports under this regulation are afterwards to be provided to the Secretary of State—aby no later than 6 months after the completion of each T-4 auction; andbif no T-4 auction is held in a capacity year, by no later than 6 months after the end of that capacity year.841The Settlement Body must, in respect of each capacity year which commences after this regulation comes into force, produce an annual report on its performance of its functions.2The Settlement Body must, not later than 3 months after the end of the capacity year to which it relates—aprovide the report to the Secretary of State; andbpublish the report.PART 13851Paragraph (2) applies to—athe national system operator;bany director of the national system operator; andcany employee, officer or agent of the national system operator.2Subject to paragraph (3), a person to whom this paragraph applies is not liable in damages for anything done or omitted to be done in the exercise or purported exercise of the national system operator's functions under—athese Regulations; orbcapacity market rules.3The exclusion of liability in paragraph (2) does not—aapply where the act or omission occurs in bad faith, including where the act or omission—iconstitutes a tort which involved a wilful act or omission calculated to cause harm or loss to another person; oriiis fraudulent;bprevent an award of damages in respect of an act or omission which is—iunlawful by virtue of section 6(1) of the Human Rights Act 1998 ;iia breach of a duty owed by virtue of section 27(4) of EA 1989;iiia criminal offence;ivan infringement of a person's intellectual property rights;va breach of confidentiality, whether statutory or at common law; orvia breach of contract.86Schedule 2 (documents) has effect.PART 1487. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87C1This regulation applies if the Secretary of State determines ... that the T-3 auction is to be held.2Where this regulation applies—areferences to a T-4 auction in regulations ... 31(2)(e), ... 59(2)(a), 60(2)(a) and Schedule 1 are treated as including the T-3 auction;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cregulation 59 (requirement to provide applicant credit cover) applies—i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iiin relation to credit cover provided in respect of the T-3 auction and the subsequent T-4 auction as if for paragraphs (2A) and (2B) there were substituted—2AParagraph (2B) applies where an applicant for the T-3 auction and the subsequent T-4 auction is required to provide applicant credit cover in respect of the same CMU (“CMU i”) for both auctions in accordance with this regulation.2BWhere this paragraph applies—athe applicant may satisfy their obligation to provide credit cover in respect of CMU i for both auctions by providing credit cover of an amount equal to the greater of the amounts determined under paragraph (2)(a) in respect of—ithe T-3 auction; andiithe subsequent T-4 auction;bcredit cover provided in accordance with sub-paragraph (a) may be drawn down under regulation 61(1) in relation to a capacity agreement awarded in either of the auctions referred to in sub-paragraph (a); andcnotwithstanding paragraph (1)(h) or (3) of regulation 60, any credit cover drawn down in relation to a capacity agreement awarded in either of the auctions referred to in sub-paragraph (a) must be replaced in accordance with the obligation under regulation 60(1) to maintain credit cover in respect of the other auction.;dregulation 60 (credit obligation period) applies in respect of the T-3 auction and the subsequent T-4 auction as if—ibefore paragraph (1)(a) there were inserted—aawhere credit cover provided by A in respect of CMU i for an auction (“auction X”) also satisfies A’s obligation to provide credit cover in respect of CMU i for another auction because regulation 59(2B) applies and an event in sub-paragraph (b) to (h) has occurred in respect of the other auction;;iiafter paragraph (1) there were inserted—1AWhere paragraph (1)(aa) applies, A must thereafter maintain credit cover in respect of auction X in an amount equal to—athe amount calculated under regulation 59(2)(a) in respect of A’s application to prequalify for auction X in respect of CMU i; orbwhere paragraph (1)(a) applies, the amount calculated under paragraph (2) in respect of CMU i and auction X,until the earliest of the events in sub-paragraphs (b) to (h) of paragraph (1) has occurred in respect of auction X.; andiiiafter paragraph (4) there were inserted—4CParagraphs (1) to (4) are subject to paragraph (4D).4DWhere regulation 59(2B) applies, A is required to maintain credit cover in the amount equal to the greater of the amounts A is required to maintain in respect of CMU i under this regulation in relation to—athe T-3 auction; andbthe subsequent T-4 auction,until the applicant is no longer required to maintain credit cover in respect of CMU i in relation to either auction.; anderegulation 69(3) applies to requests for review of prequalification decisions for—ithe T-1 auction for the delivery year commencing on 1st October 2020;iithe T-3 auction; andiiithe subsequent T-4 auction,as if for “15” there were substituted “20”.3In this regulation “subsequent T-4 auction” means the T-4 auction for the delivery year commencing on 1st October 2023.88Section 47ZA of EA 1989 is repealed.Amber Rudd Parliamentary Under-Secretary of State

Department of Energy and Climate Change

31st July 2014SCHEDULE 1 Regulation 3611In this Schedule—“AEij”, “ALFCOij” and “Eij”, in relation to a capacity committed CMU i and a relevant settlement period j, are to be interpreted in accordance with regulation 39 and mean the amounts determined in accordance with that regulation;“COix” means the capacity obligation in MW, as recorded on the capacity market register, awarded in respect of CMU i for year X in a capacity auction;“ICOij” means the whole or part of any capacity obligation COzx in MW, as recorded on the capacity market register, which applies to CMU i in relevant settlement period j;“WFmx” means the weighting factor determined under paragraph 2 for month M in capacity year X.2Where, in a formula, two values in parentheses are separated by a comma and preceded by “min”, that means that the lesser of those two values is to be used in making the calculation.3Where, in a formula, the symbol ∑ is used, it denotes that a value is to be determined from the summation of the sequence of elements found immediately to its right; these elements may be derived from one variable or a collection of variables contained in parentheses.4In this Schedule, if not otherwise defined, subscript suffixes used in a term refer to the following things unless the context requires otherwise—“i” refers to a specific CMU which is the subject of the provision the term appears in (“the relevant provision”);“j” refers to a relevant settlement period which is the subject of the relevant provision;“k” refers to any relevant settlement periods in a given month that precede the relevant settlement period which is the subject of the relevant provision;“m” refers to a given month;“y” refers to any capacity obligation awarded in a capacity auction in respect of a CMU; and“z” refers to a specific capacity obligation awarded in a capacity auction in respect of a CMU.21The Settlement Body must, by no later than 3 months before the commencement of a capacity year (“year X”), calculate in respect of each month of year X (“month M”) the weighting factor (“WFmx”) which is to be used for the purpose of calculating capacity payments in respect of that month.2WFmxmust be calculated to 10 decimal places in accordance with the formula—WFmx=AB.3In this paragraph—“A” means the sum of the amounts of electrical demand in GWh in Great Britain during each of the months corresponding to month M in the calculation period;“B” means the sum of the amounts of electrical demand in GWh in Great Britain during the calculation period;“the calculation period” means the period of 3 years ending on the last day of the month preceding the month in which $W{F}_{mx}$ is calculated.31The Settlement Body must, by no later than 3 months before the commencement of a delivery year (“year X”), calculate in respect of each capacity committed CMU (“CMU i”)—athe total amount in pounds of the capacity payments which, subject to regulation 40(5) and (6) and to regulations 49 to 51, are payable in respect of COix (“ACPix”); andbin respect of each month of year X (“month M”), the amount in pounds of the capacity payment which, subject to those regulations, is payable in respect of CMU i for that month (“MCPim”).2ACPyx (for any value y) must be calculated in accordance with the formula— ACPyx=COyx×PEyx.3MCPim must be calculated in accordance with the formula— MCPim=WFmx×(ACPix+∑NtACPN×DTmNDm).3AFor the purpose of sub-paragraph (3) tACPN is the amount ACPzx×tICOiNCOzx,where—“tICOiN” is any obligation, being the whole or part of the capacity obligation COzx, that has been transferred so as to—apply to CMU i for all or part of month M, orcease to apply to CMU i for all or part of month M (in which case tACPN is to be expressed as a negative number);“DTmN” means the number of days in month M for which that capacity obligation has been transferred;“Dm” means the total number of days in month M.4For the purpose of sub-paragraph (2), “PEyx” means the price in pounds per MW at which capacity payments are payable in respect of COyx, which is to be determined in accordance with sub-paragraph (5).5If the relevant capacity auction was a T-4 auction, PEix is to be calculated in accordance with the formula—PEix=CCPi×CPIxCPIbase.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7In this paragraph— “CCPy” means the capacity cleared price for COyx, as recorded on the capacity market register ...“CPIbase” means the average of the monthly values of CPI for the months of the base period referred to in regulation 11 for the relevant capacity auction;“CPIx” means the average of the monthly values of CPI for the months of the winter ending on the 30th April preceding the start of year X;“relevant capacity auction” means the capacity auction in which COyx was awarded;...41The Settlement Body must, after the end of each month of a delivery year (“month M”), calculate for each capacity provider (“C”) the amount in pounds of the capacity payment which, subject to regulation 40(5) and (6) and to regulations 49 to 51, is payable to C in respect of month M (“$MC{P}_{cm}$”).2$MC{P}_{cm}$must be calculated as the sum of—a$MC{P}_{im}$, as calculated under paragraph 3, for each capacity committed CMU for which C was the capacity provider for the whole of month M; andbC’s proportion of $MC{P}_{im}$, as calculated under paragraphs 3 and 8, for each capacity committed CMU for which C was the capacity provider for part of month M.51The Settlement Body must, after the end of each month of a delivery year (“year X”) in which one or more relevant settlement periods occur (“month M”), calculate in respect of each relevant CMU (“CMU i”) and each relevant settlement period (“settlement period j”) the settlement period penalty in pounds applying to CMU i in respect of settlement period j (“SPPij”).2SPPijmust be calculated in accordance with the formula—SPPij=PRix×(ALFCOij−AEij).2AFor the purpose of sub-paragraph (2), “PRij” is the penalty rate in pounds per MWh applying to CMU i in respect of settlement period j, and is to be calculated in accordance with the formula—PR=ij∑(PR×NICOijN)N∑INCOijNwhere—“ICOijN” is the whole or a part of any capacity obligation COzx applying to CMU i in settlement period j, and“PRN” is the penalty rate applying to that capacity obligation.3For the purpose of sub-paragraph (2A), PRN is to be calculated in accordance with the formula— PRN=PEzx×(124).4In this paragraph— “PEzx” means the price in pounds per MW determined for COzx in accordance with paragraph 3(4) to (5) “relevant CMU” means a capacity committed CMU in respect of which AEij is less than ALFCOij in one or more relevant settlement periods in month M.61The Settlement Body must, after the end of each month of a delivery year (“year X”) in which one or more relevant settlement periods occur (“month M”), calculate for each relevant CMU (“CMU i”)—afor each relevant settlement period in month M (“settlement period j”), the settlement period penalty settlement amount for CMU i in settlement period j (“SPPSAij”); andbthe monthly penalty charge to be paid in respect of month M (“MPSAim”).2For the purpose of sub-paragraph (1)—aSPPSAij is—iequal to the amount Pij (calculated in accordance with paragraph (3)) unless paragraph (2A) applies; andiiequal to the lesser of the amount Pij and the amount Qij (calculated in accordance with paragraph (5)) if paragraph (2A) applies; andbMPSAim is equal to the value of SPPSAij for the last relevant settlement period j in month M in which the value of ALFCOij for CMU i was greater than zero.2AThis paragraph applies where—aa capacity provider penalty charge has been incurred in respect of CMU i in at least 48 relevant settlement periods, andbthose periods together comprise at least 8 relevant settlement periods in each of at least 6 months in delivery year X.3Pij must be calculated in accordance with the formula— Pij=(SPiMaxSPi)×min(MaxSPi,MPCij).4For the purposes of the calculation in sub-paragraph (3), MPCij is the monthly penalty cap in pounds applying to CMU i in respect of relevant settlement period j in month M, and is to be calculated in accordance with the formula—MPCij=RMCPij+∑ASPPA′where—aRMCPij is to be calculated in accordance with the formula— RMCPij=(ACPix×WFmx×Fi)+∑N(tACPN×WFmx×Fz), andb∑ASPPA′ is to be calculated in accordance with the formula—∑ASPPA′=∑AASPPAA−∑BASPPABwhere—i∑AASPPAA is the sum of each amount ASPPAikA calculated under paragraph 6A(4) for any obligation ICOikA applying to CMU i in any relevant settlement period k in month M preceding settlement period j; andii∑BASPPAB is the sum of each amount ASPPAijB calculated under paragraph 6A(4) for any obligation ICOijB applying to CMU i in both—aasettlement period j, andbbany relevant settlement period k in month M preceding settlement period j.5Qijmust be calculated in accordance with the formula—Qij=APCij−∑k=1m−1MPSAikand where that calculation would give a negative number, the value of Qij is to be taken to be zero.5AFor the purposes of the calculation in sub-paragraph (5), APCij is the annual penalty cap in pounds applying to CMU i in respect of relevant settlement period j, and is to be calculated in accordance with the formula— APCij=ACPix×Gi+∑N(tACPN×Gz×WFmx×DTmNDm),where “DTmN” and “Dm” have the meanings given in paragraph 3(3A)6In this paragraph—...“ACPix” means the amount of annual capacity payments calculated under paragraph 3 for CMU i in respect of year X; “Fy” (for any value y) means the percentage stated on the capacity market register under regulation 31(2)(f), at the date of issue of the capacity agreement, as the monthly penalty cap percentage for the capacity obligation COyx awarded in respect of CMU y for year X; “Gy” (for any value y) means the percentage stated on the capacity market register under regulation 31(2)(f), at the date of issue of the capacity agreement, as the annual penalty cap percentage for the capacity obligation COyx awarded in respect of CMU y for year X;“$MaxS{P}_i$” is the sum in pounds of all settlement period penalties which would have applied to CMU i in respect of relevant settlement periods in month M, as calculated in accordance with paragraph 5 up to and including the settlement period for which the calculation is being made, if $A{E}_{ij}$ had been 0 for all such settlement periods;“$MC{P}_{im}$” means the amount of the monthly capacity payment calculated under paragraph 3 for CMU i and month M; “∑k=1m−1MPSAik”means the sum of the monthly penalty charges paid or payable in respect of CMU i for each of the months of year X preceding month M (or where M is the first such month, zero); and “relevant CMU” has the same meaning as in paragraph 5;“$S{P}_i$” is the sum of all settlement period penalties applying to CMU i in respect of relevant settlement periods in month M, as calculated in accordance with paragraph 5 up to and including the settlement period for which the calculation is being made;... “tACPN” has the meaning given in paragraph 3(3A) 6A1Immediately after calculating SPPSAij for a relevant CMU i and any relevant settlement period j in month M under paragraph 6, the settlement body must also calculate D in accordance with the formula— D=SPPSAij−SPPSAi(j−1),where “SPPSAi(j-1)” is the settlement period penalty settlement amount for CMU i in the relevant settlement period preceding period j (or, where j is the first such period in month M, zero).2For each relevant settlement period j in month M, the settlement body must then determine for each obligation ICOij applying to CMU i in that settlement period (“ICOijN”)—athe monthly penalty cap applying in respect of ICOijN (“MPCijN”); andbthe apportioned settlement period penalty amount for ICOijN (“ASPPAijN”) as determined in accordance with sub-paragraph (4).3For the purpose of sub-paragraph (2)(a), MPCijN is to be determined in accordance with the formula— MPCijN=ICOijN×PEzx×WFmx×Fz−∑k=1j−1ASPPAikN,where—“ICOijN” is the whole or a part of the capacity obligation COzx awarded in respect of CMU z for year X,“PEzx” means the price in pounds per MW determined for COzx in accordance with paragraph 3(4) to (6),“Fz” is to be interpreted in accordance with paragraph 6(6), and“∑k=1j−1ASPPAikN”means the sum of all apportioned settlement period penalty amounts calculated for ICOijN when that obligation applies to CMU i in any relevant settlement period in month M that precedes period j (or, where j is the first such period, zero).4For the purpose of sub-paragraph (2)(b) ASPPAijN is to be determined as follows (where D is the result of the calculation referred to in sub-paragraph (1))—afor each obligation ICOijN referred to in sub-paragraph (2), calculate PRN in accordance with paragraph 5(3), and arrange those obligations in a series (beginning with ICOij1) as described in paragraph (b);beach such obligation ICOijN is ranked according to the magnitude of its corresponding PRN (in descending order with the highest corresponding penalty rate first), except that where the same penalty rate corresponds to more than one such obligation those obligations are ranked between themselves—iaccording to the date on which the obligation was awarded in respect of CMU i, or transferred so as to apply to CMU i (with the latest such date first), andiifor obligations awarded or transferred on the same date, according to the time at which a request to transfer the obligation was received by the Delivery Body (with the latest such time first), and with an awarded obligation ranking prior to any transferred obligation;cthen for any such ICOijN—iif∑k=1NMPCijk>D,ASPPA=ijNMPCijN;iiif ∑k=1N−1MPCijk<Dand∑k=1NMPCijk>D,ASPPAijN=D−∑k=1N−1MPCijk; andiiiotherwise, ASPPAijN=0.71The Settlement Body must, after the end of each delivery year (“year X”), determine for each relevant CMU (“CMU i”)—athe over-delivery rate in £/MWh applying to CMU i in respect of each relevant settlement period in year X (“ODRij”);bthe amount in pounds of the over-delivery payment applying to CMU i in respect of each such settlement period in which CMU i over-delivered (“$OD{P}_{ij}$”); andcthe amount in pounds of the total over-delivery payment applying to CMU i in respect of year X (“$TOD{P}_{ix}$”).2Subject to sub-paragraph (2A), ODRij must be calculated in accordance with the formula—$$OD{R}_{ix}=\min \left(P{R}_{ix},\frac{TP{R}_x}{TOD{V}_x}\right).$$2AFor the purposes of the calculation in paragraph (2), where the over-delivery payment is to be made to a qualified person who is not a capacity provider in settlement period j, the value of PRij is deemed to be equal to the penalty rate applying to a capacity obligation awarded in the T-4 auction for year X and calculated in accordance with paragraph 5.3$OD{P}_{ij}$must be calculated in accordance with the formula—$$OD{P}_{ij}=OD{R}_{ix}\times \left(A{E}_{ij}-ALFC{O}_{ij}\right).$$4$TOD{P}_{ix}$must be calculated as the sum of $OD{P}_{ij}$ for all the relevant settlement periods in year X in which CMU i over-delivered.5For the purposes of this paragraph—“over-delivered” is to be interpreted in accordance with regulation 42(2); “PRij” means the penalty rate in pounds per MWh applying to CMU i in respect of settlement period j, as calculated in accordance with paragraph 5 “qualified person” has the meaning given in regulation 42(2); a “relevant CMU” means a capacity committed CMU in respect of which $A{E}_{ij}$ is greater than $ALFC{O}_{ij}$ in one or more relevant settlement periods in year X;“$TOD{V}_x$” means the aggregate in MWh of the total amounts over-delivered in year X by all relevant CMUs;“$TP{R}_x$” means the total amount of capacity market penalty charge payments received by the Settlement Body in respect of year X.81This paragraph applies if—aan amount in pounds (“AC”) has been calculated under paragraph 3(1)(b), 6(1) or 7(1)(c) in respect of a CMU (“CMU i”); andbtwo or more persons were each registered on the capacity market register as the capacity provider in respect of CMU i for different parts of the period for which the calculation was made.2For each of the persons referred to in sub-paragraph (1)(b) (“CX”), the Settlement Body must calculate CX’s share of AC (“$A{C}_{cx}$”).3$A{C}_{cx}$must be calculated in accordance with the formula—$$A{C}_{cx}=AC\times \frac{D{P}_{cx}}{DP}.$$4In sub-paragraph (3)—“DP” means the number of days in the period for which AC was calculated; and“$D{P}_{cx}$” means the number of days during that period for which CX was registered on the capacity market register as the capacity provider in respect of CMU i.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 2 Regulation 861The provisions of this Schedule—aapply to a document, which includes an application, notice, invoice or credit note; andbare subject to any specific provisions in these Regulations , the Supplier Payment Regulations or capacity market rules about—ia particular kind of document; oriithe provision of documents by or to a particular person or class of persons.2A document must be in writing and dated.3A document given to a person on a non-working day is to be treated as given on the next following working day.4A document may be given to a person by—adelivering it to that person in person;bleaving it at that person's proper address;csending it by post or fax to that person's proper address;dsending it by email to that person; oresubmitting it by means of a dedicated portal on that person's website.5For the purposes of paragraph 4(a) a document is given to—aa body corporate, where it is given to a person having control or management of that body;ba partnership, where it is given to a partner or a person having control or management of the partnership business;can unincorporated association, where it is given to a person having management responsibilities in respect of the association.6For the purposes of paragraph 4(d), a document is given to—aa body corporate, where it is sent to an email address of—ithe body corporate; oriia person having control or management of that body,where that address is supplied by that body for the conduct of the affairs of that body;ba partnership, where it is sent to an email address of—ithe partnership; oriia partner or a person having control or management of the partnership business,where that address is supplied by that partnership for the conduct of the affairs of that partnership;can unincorporated association, where it is sent to an email address of a person having management responsibilities in respect of the association, where that address is supplied by that association for the conduct of the affairs of that association.7A person may, in substitution for the proper address which would otherwise apply, specify an address in the United Kingdom at which that person or someone on that person's behalf may be given documents, which address is to be treated instead as that person's proper address.8In this Schedule—“dedicated portal” means a facility on a person's website which is established to allow electronic communication with that person;“proper address” means in the case of—a body corporate, the registered office (if it is in the United Kingdom) or the principal office of that body in the United Kingdom;a partnership, the principal office of the partnership in the United Kingdom;any other person, that person's last known address, which includes an email address.

(This note is not part of the Regulations)

These Regulations make provision for the purpose of enabling consumers' demands for electricity in Great Britain to be met. They do so through capacity agreements, instruments which confer rights and impose obligations on those awarded an agreement. These rights and obligations consist principally of the right to receive capacity payments from the Settlement Body for generating (or reducing demand for) electricity at times of system stress, and the liability to make a penalty payment where the capacity agreement is breached. The Regulations also impose obligations on persons who supply electricity in Great Britain pursuant to an electricity supply licence (granted by the Gas and Electricity Markets Authority (“the Authority”) under section 6 of the Electricity Act 1989 ). Those obligations consist principally of requirements to make payments to the settlement body.

Regulation 2 contains definitions of terms used in these Regulations, including “the Rules” (i.e. capacity market rules), “the Delivery Body”, “the GB transmission system”, and “the Settlement Body”. It also defines various connected terms concerning the “prequalification” and the “de-rating” of generating stations in respect of which capacity agreements may be issued.

Regulation 3 explains what is meant by the terms “providing electricity”, “reducing demand for electricity” and “electricity supplier” in sections 27, 28 and 30 of the Energy Act 2013 .

Regulation 4 defines a “generating Capacity Market Unit” (a “CMU”), and regulation 5 a “demand side response” (a “DSR”) CMU – both terms used in the Regulations – for the purpose of identifying those who are to be eligible to compete for a capacity agreement in a capacity auction.

Regulation 6 deals with the reliability standard. The reliability standard is set by the Secretary of State to provide an indication of the acceptable level of security of supply for the GB transmission system, bearing in mind the likely cost of providing that level of security, and is used to inform a decision as to whether a capacity auction is to be held and the auction parameters for such a capacity auction. The reliability standard will be 3 hours of expected loss of load per capacity year.

Regulation 7 requires the Delivery Body, before the 1st June in 2015 and in each subsequent year, to deliver an annual electricity capacity report to the Secretary of State. This report will contain an assessment, taking into account a range of forecasts, of the amount of capacity that is needed for a delivery year, which runs from 1 October to 30 September, to meet the reliability standard.

The report will include recommendations as to the target capacity that should be used in capacity auctions held four years ahead of a delivery year (“T-4”) and the target capacity that should be used in capacity auctions held one year ahead of a delivery year (“T-1”). It will also include the de-rating factors that should be applied to both generating CMUs and DSR CMUs in capacity auctions.

Regulation 10 identifies when the Secretary of State must decide whether or not a capacity auction is to be held. A specific timeframe is laid down for the first capacity auction and then all subsequent T-4 auctions, and from 2017, T-1 and T-4 auctions. The regulation also makes provision to allow the Secretary of State not to hold a T-1 auction and the reasons for when this provision may apply.

Regulation 11 makes provision for the Secretary of State to determine the auction parameters which are to apply in a capacity auction. These are to be set before a capacity auction and include the target capacity to be obtained and the maximum price that can be paid at auction. Regulations 12 and 13 make further provision concerning auctions, including the circumstances in which auction parameters can be adjusted.

Regulation 14 sets out the eligibility of the applicant to bid in capacity auction for a CMU following the prequalification of the CMU. Regulation 15 details the general eligibility criteria which a CMU has to meet.

Regulations 16 to 18 confirm which CMUs should be excluded from participating in a capacity auction, and regulation 19 defines relevant terms used in those regulations.

Regulation 20 establishes the general duty of the Delivery Body, where a capacity auction is to be held, to exercise the functions conferred on it by regulations 21 to 28 and by capacity market rules. Regulation 21 sets out that the Delivery Body must publish auction guidelines before the start of a prequalification window and these are to include information on when the auction is to start, details on how to apply to prequalify, the timetable and the de-rating factor of each generating technology class set out in the capacity market rules.

Regulation 22 makes provision for the Delivery Body to determine the prequalification of all applications and notify each applicant of its decision in accordance with the capacity market rules. The regulation requires the Delivery Body to reconsider its prequalification decision if requested by the applicant.

Regulation 23 sets out that following the prequalification decisions, the Delivery Body is required to notify the Secretary of State of various matters. Regulation 24 confers responsibility for holding the capacity auction on the Delivery Body in accordance with the capacity market rules and the auction guidelines. The Regulations make provision for the Delivery Body to conduct the capacity auction itself, or to arrange for another person to do so, although the Delivery Body remains responsible for running the auction.

Regulation 25 requires the Delivery Body, following the completion of a capacity auction, to notify the results to the Secretary of State and each bidder, and to publish the auction results.

Regulation 26 sets out the circumstances in which a capacity auction can be cancelled, postponed or stopped by either the Secretary of State or the Delivery Body.

Regulation 27 gives the Secretary of State the power to annul a capacity auction within 7 working days of being notified of the auction result, if the Secretary of State has reasonable grounds to suspect that there was an irregularity in the capacity auction that affected either the clearing price or the CMUs successful in the capacity auction. If a decision is taken to annul a capacity auction, the Secretary of State must publish the decision immediately and within 4 weeks publish the reasons for it.

Regulation 28 sets out what is to happen if the Secretary of State rearranges a capacity auction, and regulation 29 provides for DSR transitional auctions to be held in the auction window commencing 1st September 2015 (for the 2016-17 delivery year) and in the auction window commencing 1st September 2016 (for the 2017-18 delivery year).

Regulation 30 defines “capacity agreement”. Capacity agreements are awarded to those bidders successful at a capacity auction.

Regulation 31 requires the Delivery Body to set up and maintain a capacity market register. The register is required to contain the details of (amongst other things) each capacity agreement that is awarded following a capacity auction.

Regulation 32 sets out how termination fees (“TF1” and “TF2”) are calculated and the grounds on which a termination fee is payable by a capacity provider. It also confirms that for the first auction, TF1 will be £5,000/MW and TF2 will be £25,000/MW.

Regulation 33 makes provision for the Secretary of State to direct the Delivery Body to withdraw a termination notice issued by the Delivery Body or to extend the date by which a capacity provider must meet a specific requirement.

Regulation 34 sets out that the circumstances in which a capacity provider awarded a capacity agreement at a T-4 capacity auction can withdraw from the capacity agreement.

Regulation 35 provides that, should a capacity agreement be awarded in circumstances where the capacity provider did not meet the general eligibility criteria, the capacity agreement will be null and void.

Regulation 36 requires the Settlement Body to make settlement calculations. Regulation 37 requires the Settlement Body to issue a “data default notice” to a capacity provider who fails to comply with a requirement to provide information under the capacity market rules. Such a notice will prevent a capacity provider receiving payment from the Settlement Body.

Regulation 38 deals with invoices and credit notes issued by the Settlement Body.

Regulation 39 requires the Settlement Body to determine, in accordance with the capacity market rules, various matters for each capacity committed CMU.

Regulation 40 provides for each capacity provider to be entitled to receive from the Settlement Body a capacity payment in each month of a delivery year. Regulation 41 sets out the circumstances in which a capacity provider must pay to the Settlement Body a capacity provider penalty charge in respect of any month of a delivery year. And regulation 42 makes provision for a capacity provider to receive from the Settlement Body an over-delivery payment in respect of a delivery year in which the capacity provider's CMU over-delivered its obligation in the delivery year.

Regulation 43 sets out that a capacity provider must pay to the Settlement Body a termination fee if a capacity agreement is terminated on a ground specified in the capacity market rules.

Regulation 44 provides for the Settlement Body to levy electricity suppliers for the first levy period from 1st August 2014 to 31st March 2015 to enable the Settlement Body to covers its costs for this period.

Regulation 45 contains various defined terms.

Regulation 46 sets out that invoices issued by the Settlement Body must be paid no later than the payment due date. If the invoice is not paid in full by the payment due date, interest will be payable at 5 per cent per annum over the Bank of England base rate on the outstanding balance. Provision is given to allow a payer to dispute an invoiced amount.

Regulation 47 requires the Settlement Body to establish and maintain a “non-payment register” to list any payer who does not pay an invoice by the payment due date.

Regulation 48 sets out the time by which the Settlement Body must deal with credit notes and over-delivery payment credit notes, while regulations 49 and 50 make provision for the Settlement Body to reduce capacity payments if a capacity provider is liable for any unpaid capacity provider penalty charges or has failed to demonstrate satisfactory performance.

Regulation 51 makes provision for the Settlement Body to withhold making capacity payments to capacity providers if a capacity provider has been issued a data default notice or if the capacity provider is insolvent.

Regulation 52 sets out the process for the Settlement Body paying withheld credit, and makes provision for the Settlement Body to deduct all or part of the withheld credit to a capacity provider who is insolvent.

Regulation 53 sets out that Part 7 of the Regulations is applicable to prospective generating CMUs or unproven DSR CMUs as well as those CMUs who have received a “conditional prequalification notice” from the Delivery Body.

Regulation 54 sets out how a person can provide credit cover and the permissible forms of credit support.

Regulation 55 sets out how the Settlement Body must determine whether the credit support can be approved.

Regulation 56 requires credit cover equal to or more than the required amount to be maintained by the applicant at all times during the specified credit obligation period.

Regulation 57 requires an applicant to notify the Settlement Body if the bank issuing a letter of credit is downgraded and, within eight days, to provide replacement credit cover.

Regulation 58 sets out the circumstances in which the credit cover can be released by the Settlement Body back to the applicant.

Regulation 59 makes provision for the Settlement Body to draw down the credit cover from an unproven DSR CMU or a prospective generating CMU if specific requirements are not met. This also applies if a termination fee is due but is not paid.

Regulation 60 makes further provision concerning an applicant's credit cover. An applicant who is required to provide credit cover must do so within 5 working days on receipt of a conditional prequalification notice.

Regulation 61 confirms the period for which credit cover must be maintained by the applicant and the circumstances in which the period ends or the credit cover amount can be altered.

Regulation 62 provides that, where an applicant fails to maintain the required credit cover, the applicant will not be eligible for participation in the capacity auction.

Regulation 63 enables the Secretary of State, the Authority and auction monitors to require information to be provided to them from identified persons for specified purposes. For example, the Secretary of State can require information from suppliers and owners of CMUs for the purpose of reviewing the capacity market.

Regulation 64 makes provision for certain protected items not to be disclosed on receipt of a request for information under regulation 63.

Regulation 65 puts in place provisions on protection of information, and regulation 66 confirms that section 33(3) of the Energy Act 2013 applies in relation to the disclosure of information required in the capacity market rules.

Regulation 67 identifies those requirements which are to be enforceable by the Authority as if they were relevant requirements for the purposes of section 25 of the Electricity Act 1989.

Regulation 68 sets out which decisions made by the Delivery Body under the capacity market rules may be reviewed, and by whom a dispute or appeal can be brought.

Regulation 69 sets out the process for making a request to the Delivery Body to reconsider a decision and requires the Delivery Body, on receipt of a request, to reconsider its decision and notify the person of the outcome of the reconsideration and the reasons for the reconsidered decision.

Regulation 70 allows an affected person who disputes the Delivery Body's reconsidered decision to apply to the Authority to resolve the dispute.

Regulation 71 sets out the process for the Authority to determine applications it receives to resolve a dispute and the options open to the Authority in making a determination.

Regulation 72 makes provision for an affected person to appeal to the court against a determination made by the Authority. An appeal to the court may only be made on a point of law and must be brought within 28 days after the date of the Authority's determination.

Regulation 73 sets out the consequences of a successful review or appeal depending on when the outcome of a successful review or appeal is made.

Regulation 74 makes provision for a dispute on a calculation or determination made by the Settlement Body under Parts 6 or 7 of the Regulations to be brought.

Regulation 75 sets out that a disputing party may give a notice to the Settlement Body of a dispute setting out the matter giving rise to the dispute and the outcome sought.

Regulation 76 sets out the process for determining a dispute, for which the Settlement Body must decide whether to uphold the disputed calculation or determination or substitute it with a different calculation or determination.

Regulation 77 grants the Authority, the day after the first full capacity auction results are published, the power to make capacity market rules which are concerned with the operation and administration of the capacity market. This includes the power to amend, add to, revoke or substitute any provision of the capacity market rules. Any change to the capacity market rules which confers functions on the Secretary of State or confers additional functions on the Authority can only be made with the approval of the Secretary of State.

Regulation 78 sets out the objectives to which the Authority must have regard when making capacity market rules in addition to its principal objective and general duties.

Regulation 79 sets out the procedure the Authority must follow before making capacity market rules.

Regulation 80 makes provision for the Secretary of State to appoint a person to be the Settlement Body once these Regulations come into force.

Regulation 81 requires the Secretary of State to review both the Regulations and the functions conferred on the Authority by capacity market rules within 5 years of these Regulations coming into force and thereafter at intervals not exceeding 5 years.

Regulation 82 requires the Authority to review the capacity market rules within 5 years of the capacity market rules first coming into force and thereafter at intervals not exceeding 5 years.

Regulation 83 requires the Authority to provide the Secretary of State with an annual report on the operation of the capacity market and the Delivery Body's performance of its functions in relation to the capacity market. The first report must be provided to the Secretary of State by no later than 6 months after the completion of the first capacity auction and thereafter no later than 6 months after the completion of each T-4 auction.

Regulation 84 requires the Settlement Body to produce an annual report, no later than 3 months after the end of the capacity year to which the report relates, on its performance of its functions.

Regulation 85 sets out restrictions on the Delivery Body's liability in damages for anything done or omitted to be done in the exercise of its functions under these Regulations or capacity market rules.

Regulation 87 sets out the transitory provisions for the first T-4 auction.

Regulation 88 confirms that section 47ZA of the Electricity Act 1989 is repealed.

Schedule 1 sets out the detailed settlement calculations to be made by the Settlement Body, including capacity payments, capacity provider penalty charges, over-delivery payments and the settlement costs levy for the first levy period.

Schedule 2 makes general provision concerning documents.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department of Energy and Climate Change at 3 Whitehall Place, London, SW1A 2AW and is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

1989 c.29.The Capacity Market Rules 2014 are at https://www.gov.uk/government/publications/capacity-market-rules. Copies are available from the Department of Energy and Climate Change, 3 Whitehall Place, London SW1A 2AW.1989 c.29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c.27) and subsection (1) of section 6 was amended by sections 136(1), 145(1) and (5) and 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c.20), and by S.I. 2012/2400.1989 c.29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c.27) and subsection (1) of section 6 was amended by sections 136(1), 145(1) and (5) and 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c.20), and by S.I. 2012/2400.Section 6(1)(c) of EA 1989 was substituted by section 30 of the Utilities Act 2000 (c.27). Other amendments have been made to section 6 which are not relevant.Section 4(3E) of EA 1989 was inserted by section 145(1) and (3) of the Energy Act 2004 (c.20). Other amendments have been made to section 4 which are not relevant.See section 4(4) of EA 1989. The definition of “transmission system” in that subsection was substituted by section 135(1) and (4) of the Energy Act 2004 (c.20).1989 c.29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c.27) and subsection (1) of section 6 was amended by sections 136(1), 145(1) and (5) and 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c.20), and by S.I. 2012/2400.2006 c.46.1964 c.29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c.23), and section 103 of the Energy Act 2011 (c.16). Other amendments have been made to section 1 which are not relevant.S.I. 2009/785, amended by S.I. 2010/1107, S.I. 2011/984, S.I. 2011/988, S.I. 2013/768 and S.I. 2014/893.S.S.I. 2009/140, amended by S.S.I. 2009/276, S.S.I. 2010/147, S.S.I. 2011/225, S.S.I. 2011/226, S.S.I. 2013/116 and S.S.I. 2014/94.Section 6(1)(c) of EA 1989 was substituted by section 30 of the Utilities Act 2000 (c.27). Other amendments have been made to section 6 which are not relevant.Section 6(1)(d) of EA 1989 was substituted by section 30 of the Utilities Act 2000 (c.27). Other amendments have been made to section 6 which are not relevant.The definitions of “co-firing of regular bioliquid”, “low-range co-firing”, “mid-range co-firing”, “high-range co-firing” and “unit conversion” were inserted into Schedule 2 to S.I. 2009/785 by S.I. 2013/768, and were inserted into Schedule 2 to S.S.I. 2009/140 by S.S.I. 2013/116.S.I. 2012/2782, amended by S.I. 2013/1099.S.I. 2011/2860, amended by S.I. 2012/1999, S.I. 2013/1033, S.I. 2013/2410 and S.I. 2013/3179.2010 c.27.1965 c.4. Section 5(1) has been amended by S.I. 1971/719, S.I. 1992/1296, S.I. 1995/2785 and S.I. 1995/2985. Other amendments have been made to section 5 which are not relevant.OJ L 275, 25.10.2003, p.32. Aspects of NER 300 are implemented by Commission Decision 2010/670/EU (OJ L 290, 6.11.2010, p.39). Those projects which have received a grant under NER 300 can be examined at: www.ec.europa.eu/clima/funding/ner300/index_en.htm.The definition of “station conversion” was inserted into S.I. 2009/785 by S.I. 2013/768, and into S.S.I. 2009/140 by S.S.I. 2013/116.The definition of “unit conversion” was inserted into S.I. 2009/785 by S.I. 2013/768, and into S.S.I. 2009/140 by S.S.I. 2013/116.1998 c.11.The register of rating is available from the following webpage: www.standardandpoors.com/home/en/eu.The register of ratings is available from the following webpage: www.moodys.com/Pages/atc.aspx.1989 c.29. The definitions of “regulated person” and “relevant requirement” in section 25(8) of EA 1989 were amended by S.I. 2011/2704. Other amendments to section 25 of EA 1989 were made by section 54(3) of, and Schedule 10 to, the Competition Act 1998 (c.41); sections 3(2), 60 and 108 of, and Schedule 6 to, the Utilities Act 2000 (c.27); section 63(1) of, and Schedule 7 to, the Consumers, Estate Agents and Redress Act 2007 (c.17); section 51(5) of, and Schedule 14 to, the Enterprise and Regulatory Reform Act 2013 (c.24); and S.I. 2011/2704.1998 c.42.1989 c.29. Section 47ZA was inserted by section 79 of the Energy Act 2011 (c.16).1989 c.29.2013 c.32.Reg. 88 in force at 1.1.2015, see reg. 1(4)Reg. 79 coming into force in accordance with reg. 1(3)Reg. 77 coming into force in accordance with reg. 1(3)Reg. 78 coming into force in accordance with reg. 1(3)Words in reg. 2(1) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 2Words in reg. 3(1)(a) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 3(a)Words in reg. 3(2) omitted (18.12.2014) by virtue of The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 3(b)(i)Word in reg. 3(2) substituted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 3(b)(ii)Words in reg. 4(9) substituted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 4Reg. 41(3A) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 5Words in reg. 45(1) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 7Reg. 47(7) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 8Words in reg. 67(1)(b) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 9Words in reg. 77(3)(a) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 10Words in reg. 80(3)(b) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 10Words in reg. 81(1)(a)(i) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 11Words in reg. 81(2)(a) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 11Words in Sch. 1 para. 2(2) substituted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 12Words in Sch. 2 para. 1(b) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 14Words in Sch. 1 para. 6(6) omitted (18.12.2014) by virtue of The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 13(c)(i)Words in Sch. 1 para. 6 inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 13(c)(ii)Reg. 5A inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 2Reg. 43A inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 8Regs. 43B, 43C inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 16Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(a)Word in reg. 2(1) omitted (24.3.2015) by virtue of The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(b)Word in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(b)Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(c)Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(d)Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(e)Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(f)Words in reg. 2(1) substituted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(g)Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(h)Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(i)Words in reg. 2(1) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 1(j)Words in reg. 2(1) substituted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 12Words in reg. 4(3)(b) omitted (24.3.2015) by virtue of The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 13(1)(a)Reg. 4(3)(ba) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 13(1)(b)Reg. 4(4A) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 13(2)Words in reg. 4(8) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 13(3)Word in reg. 4(9) omitted (24.3.2015) by virtue of The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 13(4)Words in reg. 4(9) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 13(4)Words in reg. 7(2)(c)(i) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 3(1)Reg. 7(4)(c)(iii) and word inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 3(2)Words in reg. 14(1) substituted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 4(1)Reg. 15(4) substituted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 14Words in reg. 21(2)(e) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 5Words in reg. 23(1)(c) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 6Reg. 50(2A) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 17(a)Words in reg. 50(3) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 17(b)Words in reg. 50(5)(a) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 17(c)Words in reg. 59(1) substituted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 9(1)Reg. 59(1A)(1B) inserted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 9(2)Reg. 73(6)(b) substituted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 19(1)Words in reg. 17(2) inserted (4.12.2015) by The Electricity Capacity (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1974), regs. 1(2), 3(a)Words in reg. 17(2) substituted (4.12.2015) by The Electricity Capacity (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1974), regs. 1(2), 3(b)Words in reg. 59(3) substituted (4.12.2015) by The Electricity Capacity (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1974), regs. 1(2), 4Reg. 30A inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 22 (with reg. 1(4))Reg. 43ZA inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 12Sch. 1 para. 6A inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 35 (with reg. 1(4))Words in reg. 2(1) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 8 (with reg. 1(3))Words in reg. 2(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 20(a) (with reg. 1(4))Words in reg. 2(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 20(b) (with reg. 1(4))Words in reg. 2(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 20(c) (with reg. 1(4))Words in reg. 2(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 20(d) (with reg. 1(4))Words in reg. 2(1) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 41(1)(a)Words in reg. 2(4) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 41(2)Word in reg. 6(5)(a) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 42Reg. 7(5) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 43(b)Reg. 7(4)(c)(i)(ii) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 43(a)Reg. 10(1A) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 3(2)Reg. 11(1)(g) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 44(a)Words in reg. 11(3) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 44(b)Reg. 12(2)(b) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 45Word in reg. 13(2) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 46Word in reg. 15(5) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 47Words in reg. 23(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 48Word in reg. 30(1) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 21(1) (with reg. 1(4))Words in reg. 30(2) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 21(2)(a) (with reg. 1(4))Words in reg. 30(2)(a) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 21(2)(b) (with reg. 1(4))Words in reg. 30(6) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 21(3) (with reg. 1(4))Reg. 30(4) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 50Words in reg. 31(2)(i) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 9 (with reg. 1(3))Words in reg. 32(1) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 10(1)(a) (with reg. 1(3))Words in reg. 32(1) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 10(1)(b) (with reg. 1(3))Words in reg. 32(1) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 10(1)(c) (with reg. 1(3))Reg. 32(2) substituted for reg. 32(2)(3) (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 10(2) (with reg. 1(3))Reg. 32(5) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 23 (with reg. 1(4))Words in reg. 39(5) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 24(a) (with reg. 1(4))Words in reg. 39(5) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 24(b) (with reg. 1(4))Words in reg. 39(5) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 51Word in reg. 40(4)(a) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 52(a)Word in reg. 40(5) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 52(b)Word in reg. 41(3)(a) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 25 (with reg. 1(4))Word in reg. 41(3)(b) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 25 (with reg. 1(4))Reg. 42 substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 26 (with reg. 1(4))Reg. 43(1A) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 27(1) (with reg. 1(4))Reg. 43(6) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 27(2) (with reg. 1(4))Words in reg. 43(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 11(1)(a) (with reg. 1(3))Formula in reg. 43(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 11(1)(b) (with reg. 1(3))Reg. 43(4) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 11(2) (with reg. 1(3))Words in reg. 43(5) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 11(3) (with reg. 1(3))Reg. 43B(3)(c) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 13 (with reg. 1(3))Reg. 43B(5) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 28 (with reg. 1(4))Words in reg. 45(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 53(a)Reg. 45(2)(3) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 53(b)Words in reg. 46(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 54Words in reg. 47(1) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 55Words in reg. 48(a) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 56Words in reg. 48(b) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 56Words in reg. 50(4)(a) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 57(a)Words in reg. 50(4)(b) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 57(b)Words in reg. 53(3) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 14 (with reg. 1(3))Reg. 56(3A) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 15 (with reg. 1(3))Words in reg. 57(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 16Words in reg. 59(2) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 6(1)Word in reg. 59(1) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 17(1)(a)Reg. 59(1A) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 17(1)(b)Words in reg. 59(1B) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 17(1)(c)Reg. 59(2)(a) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 17(2)Reg. 59(4)-(6) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 17(3) (with reg. 1(3))Reg. 60(1)(ba) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 18(1)Reg. 60(2) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 18(2)Words in reg. 61(1)(c) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 19(1) (with reg. 1(3))Words in reg. 61(2)(c) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 19(2) (with reg. 1(3))Words in reg. 68(2) table inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 29(1) (with reg. 1(4))Words in reg. 68(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 29(2) (with reg. 1(4))Words in reg. 69(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 58Words in reg. 77(3)(b) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 59Reg. 81(1)(a)(ii) and word omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 39Words in reg. 82(1) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 40(a)Reg. 82(2)-(4) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 40(b)Sch. 1 para. 1(1) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 31(1) (with reg. 1(4))Sch. 1 para. 1(3)(4) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 31(2) (with reg. 1(4))Words in Sch. 1 para. 3(1)(a) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(1) (with reg. 1(4))Sch. 1 para. 3(2)-(3A) substituted for Sch. 1 para. 3(2)(3) (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(2) (with reg. 1(4))Word in Sch. 1 para. 3(4) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(3) (with reg. 1(4))Sch. 1 para. 5(2A) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 33(2) (with reg. 1(4))Sch. 1 para. 5(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 33(3) (with reg. 1(4))Words in Sch. 1 para. 5(4) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 33(4) (with reg. 1(4))Sch. 1 para. 6(1)-(2A) substituted for Sch. 1 para. 6(1)(2) (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(1) (with reg. 1(4))Sch. 1 para. 6(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(2) (with reg. 1(4))Sch. 1 para. 6(4) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(3) (with reg. 1(4))Sch. 1 para. 6(5) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(4) (with reg. 1(4))Sch. 1 para. 6(5A) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(5) (with reg. 1(4))Words in Sch. 1 para. 6(6) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(6)(a) (with reg. 1(4))Words in Sch. 1 para. 6(6) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(6)(b) (with reg. 1(4))Words in Sch. 1 para. 6(6) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(6)(c) (with reg. 1(4))Words in Sch. 1 para. 6(6) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(6)(d) (with reg. 1(4))Words in Sch. 1 para. 6(6) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 34(6)(e) (with reg. 1(4))Words in Sch. 1 para. 7(1)(a) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(1) (with reg. 1(4))Sch. 1 para. 7(2): “ODRij” substituted for “ODRix” (wherever it occurs) (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(2) (with reg. 1(4))Words in Sch. 1 para. 7(2) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(3)(a) (with reg. 1(4))Sch. 1 para. 7(2A) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(4) (with reg. 1(4))Words in Sch. 1 para. 7(5) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(5)(a) (with reg. 1(4))Words in Sch. 1 para. 7(5) inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(5)(b) (with reg. 1(4))Sch. 1 para. 7(3): “ODRij” substituted for “ODRix” (wherever it occurs) (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(2) (with reg. 1(4))Sch. 1 para. 7(2): formula amended by the substitution of “PRij” for “PRix” (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 36(3)(b) (with reg. 1(4))Sch. 1 para. 5(2): formula amended by the substitution of "PRij" for “PRix” (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 33(1) (with reg. 1(4))Words in Sch. 1 para. 3(7) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(5)(a) (with reg. 1(4))Words in Sch. 1 para. 3(7) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(5)(b) (with reg. 1(4))Words in Sch. 1 para. 3(7) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(5)(c) (with reg. 1(4))Word in Sch. 1 para. 3(7) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(5)(d) (with reg. 1(4))Words in Sch. 1 para. 3(7) omitted (14.7.2016) by virtue of The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(5)(e) (with reg. 1(4))Sch. 1 para. 3(5)(6): the subscript “y” substituted for the subscript “i” wherever it occurs (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 32(4) (with reg. 1(4))Reg. 49A inserted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 5Words in reg. 2(1) inserted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 1(a)Words in reg. 2(1) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 1(b)Words in reg. 2(1) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 1(c)Words in reg. 2(1) substituted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 1(d)Words in reg. 25(2)(d)(i) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 2Words in reg. 30(2)(a) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 3Words in reg. 32(4)(5) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 4Reg. 60(1)(a) substituted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 6(1)Words in reg. 60(1)(f) substituted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 6(2)Reg. 60(1)(g) substituted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 6(3)Words in reg. 60(2)(a) substituted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 6(4) (with reg. 4)Reg. 60(5): formula amended by the substitution of "DC" for "UC" (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 6(5)Words in reg. 60(6) inserted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 6(6)(a)Words in reg. 60(6) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 6(6)(b)Words in reg. 61(1)(a)(ii) substituted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 7(a)Reg. 61(1)(b) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 7(b)Words in reg. 61(2)(a) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 7(c)Reg. 61(5) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 7(d)Word in reg. 73(6)(b)(i) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 8(a)(i)Reg. 73(6)(b)(ii) omitted (2.11.2017) by virtue of The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 8(a)(ii)Reg. 73(6A) substituted (2.11.2017) by The Electricity Capacity (Amendment) Regulations 2017 (S.I. 2017/1053), reg. 1(2), Sch. 1 para. 8(b)Regulations applied (with modifications) (10.4.2019) by The Electricity Capacity (No. 1) Regulations 2019 (S.I. 2019/862), regs. 12-23 (with reg. 11) (as amended (18.7.2019) by S.I. 2019/1139, regs. 1(2), 3(4)(6))Regulations applied (with modifications) (10.4.2019) by The Electricity Capacity (No. 1) Regulations 2019 (S.I. 2019/862), regs. 29-52 (with reg. 28) (as amended (18.7.2019) by S.I. 2019/1139, regs. 1(2), 3(5)(6))Reg. 43A applied (with modifications) (10.4.2019) by The Electricity Capacity (No. 1) Regulations 2019 (S.I. 2019/862), regs. 1(2), 27Reg. 33 applied (with modifications) (10.4.2019) by The Electricity Capacity (No. 1) Regulations 2019 (S.I. 2019/862), regs. 1(2), 26Reg. 43A(6) inserted (10.4.2019) by The Electricity Capacity (No. 1) Regulations 2019 (S.I. 2019/862), regs. 1(2), 24Words in reg. 68(2) table inserted (10.4.2019) by The Electricity Capacity (No. 1) Regulations 2019 (S.I. 2019/862), regs. 1(2), 25Reg. 87C inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(9)Words in reg. 2(1) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(2)(a)Reg. 43B(3)(c): semicolon substituted for full stop (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(6)(a)Reg. 43B(3)(d) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(6)(b)Words in reg. 45(1) substituted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(7)(a)Words in reg. 45(1) substituted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(7)(b)Reg. 49A(1) substituted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(a)Words in reg. 49A(2) substituted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(b)(i)Word in reg. 49A(2)(a) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(b)(ii)(aa)Words in reg. 49A(2)(a) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(b)(ii)(bb)Word in reg. 49A(2)(b) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(b)(iii)(aa)Words in reg. 49A(2)(b) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(b)(iii)(bb)Reg. 49A(3A)(3B) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(c)Reg. 49A(4) substituted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(d)Words in reg. 49A(5) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(e)(i)Words in reg. 49A(5) inserted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 2(8)(e)(ii)Reg. 81 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 6Reg. 50 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 3Reg. 69 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 4Reg. 33 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 2Reg. 70 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 5Words in reg. 5(2)(a)(i) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 1(1) (with reg. 1(3))Reg. 5(2A) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 1(2) (with reg. 1(3))Words in reg. 11(3) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 2(2)(c)Word in reg. 11(1)(b) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 2(1)Reg. 12(2A)-(2C) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 3(1)Reg. 12(6) substituted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 3(2)Reg. 12(7) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 3(3)Words in reg. 13(1) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 4(1)Reg. 13(1A) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 4(2)Reg. 13(3) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 4(3)Word in reg. 15(4)(a) substituted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 5Reg. 18 omitted (4.7.2020) by virtue of The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 6Words in reg. 19 heading substituted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 7(1)Words in reg. 19 substituted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 7(2)Words in reg. 59(2)(a)(i) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 8(1)(b)Word in reg. 59(2)(a)(i) omitted (4.7.2020) by virtue of The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 8(1)(c)Reg. 59(2)(a)(ia) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 8(1)(d)Reg. 59(2C) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 8(2)Reg. 59(7) inserted (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 8(3)Reg. 87C(2)(c)(i) omitted (4.7.2020) by virtue of The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 1 para. 9Reg. 26(3)(a) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(2)(a) (with Sch. 3)Reg. 26(5) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(2)(b) (with Sch. 3)Words in reg. 26(7) substituted (31.12.2020) by The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(2)(c) (with Sch. 3)Word in reg. 28(1) substituted (31.12.2020) by The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(3)(a) (with Sch. 3)Word in reg. 28(4) substituted (31.12.2020) by The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(3)(b) (with Sch. 3)Words in reg. 65(5) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 83(3); 2020 c. 1, Sch. 5 para. 1(1)Reg. 33A inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 3Words in reg. 15(5) substituted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 1Words in reg. 30A(6) substituted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 2Word in reg. 69(3) substituted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(a)Words in reg. 69(5) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(b)Reg. 69(5A) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(c)Reg. 69(7) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(d)Word in reg. 70(4)(b)(i) omitted (27.7.2021) by virtue of The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 5(a)Word in reg. 70(4)(b)(ii) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 5(b)Reg. 70(b)(4)(iii) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 5(c)Reg. 10(1)(a)-(bb) omitted (22.7.2023) by virtue of The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 3(a)Words in reg. 10(1)(c) substituted (22.7.2023) by The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 3(b)Reg. 10(5) substituted (22.7.2023) by The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 3(c)Reg. 34(2A)(2B) inserted (22.7.2023) by The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 4(a)Words in reg. 34(3) inserted (22.7.2023) by The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 4(b)(i)Words in reg. 34(3) substituted (22.7.2023) by The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 4(b)(ii)Word in reg. 41(2) substituted (22.7.2023) by The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 5Words in reg. 2(1) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 3(a)Words in reg. 2(1) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 3(b)Words in reg. 11(1)(e) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 4(a)Words in reg. 11(3) substituted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 4(b)(i)Words in reg. 11(3) substituted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 4(b)(ii)Words in reg. 11(3) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 4(b)(iii)Reg. 16(2)(2A) substituted for reg. 16(2) (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 5Words in reg. 30(6) substituted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 6Word in reg. 39(4) substituted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 7Words in reg. 50(6) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 8(a)Words in reg. 50(6) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 8(b)Words in reg. 68(2) table inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 9Reg. 70(4)(ca) inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 10Word in reg. 70(4)(c) omitted (14.2.2025) by virtue of The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 10Words in reg. 65(2)(b)(v) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 7Reg. 34A inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 6Regs. 87-87B omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 16Words in reg. 1(3) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 2Words in reg. 2(1) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 3Words in reg. 2(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 3(a)Words in reg. 2(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 3(b)Words in reg. 2(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 3(c)Words in reg. 2(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 3(d)Words in reg. 2(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 3(e)Words in reg. 2(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 3(f)Words in reg. 2(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 3(g)Words in reg. 6(2)(a)(i) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 4Reg. 7(6)-(9) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 5Words in reg. 11(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 6(a)Reg. 11(1)(h) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 6(b)Words in reg. 12(5)(a) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 7Word in reg. 14(1) substituted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 8(a)Reg. 14(3) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 8(b)Words in reg. 16(2)(a)(i) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 4(a)(i)Words in reg. 16(2)(a)(ii) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 4(a)(ii)(aa)Reg. 16(2)(a)(ii) comma inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 4(a)(ii)(bb)Words in reg. 16(2A) substituted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 4(b)Reg. 29 omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 9Reg. 29A omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 9Word in reg. 30(4)(a) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 10(a)Reg. 30(4)(b) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 10(b)Words in reg. 34(3) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 5Reg. 44 omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 11Word in reg. 45 omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 12(a)Word in reg. 45 omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 12(b)Words in reg. 59(2) substituted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 13(a)(i)Reg. 59(2)(b) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 13(a)(ii)Reg. 59(2A) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 13(b)Reg. 59(2B) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 13(b)Reg. 60(2)(b) and word omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 14Reg. 60(1)(ga) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 7Words in reg. 68(2) Table inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 8(a)Words in reg. 68(3) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 8(b)Words in reg. 69(5) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 9(a)Words in reg. 69(5A) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 9(b)(i)Words in reg. 69(5A)(a) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 9(b)(ii)Words in reg. 69(7) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 9(c)Words in reg. 69(5) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 15Words in reg. 70(4)(c) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 10Words in reg. 87C(1) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 17(a)Words in reg. 87C(2)(a) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 17(b)(i)(aa)Word in reg. 87C(2)(a) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 17(b)(i)(bb)Reg. 87C(2)(b) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 17(b)(ii)Words in Sch. 1 para. 3(4) substituted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 18(a)(i)Sch. 1 para. 3(6) omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 18(a)(ii)Words in Sch. 1 para. 5(4) substituted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 18(b)Sch. 1 para. 9 omitted (23.7.2025) by virtue of The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), reg. 1(2), Sch. para. 18(c)